Document Type
Working Paper
Publication Date
7-29-2020
SSRN Discipline
Economics Research Network; Legal Scholarship Network; Law School Research Papers - Legal Studies; Law & Society eJournals; Law & Society: Private Law eJournals; LSN Subject Matter eJournals; Criminal Justice Research Network; Political Science Network; Management Research Network; Medical Research Network; Health Law eJournals
Abstract
When the accident is a mystery — when it is not clear what happened — courts often rely on stacked inferences. Such inferences are subject to much debate and are even prohibited by some jurisdictions. This Article reveals that the doctrine of res ipsa loquitur (“the thing speaks for itself”) is a form of stacked inferences and that despite its affiliation, it has been widely accepted. The Article further shows that application of res ipsa loquitur in cases involving multiple actors can adversely affect precaution and activity levels. It concludes with a call for a careful application of res ipsa loquitur in cases involving multiple actors.
Recommended Citation
Shahar Dillbary,
Multiple Causes and Stacked Inferences,
(2020).
Available at:
https://scholarship.law.ua.edu/fac_working_papers/728