Res Ipsa Loquitor In Trespassing Cases

[Riglef]

I've been looking into it and it seems that the majority of states do not recognize a trespasser's rights to res ipsa loquitor cases. However, this seems to imply that some states do, and I'm wondering which states, if any, allow this.

 

[quincy]

I've been looking into it and it seems that the majority of states do not recognize a trespasser's rights to res ipsa loquitor cases. However, this seems to imply that some states do, and I'm wondering which states, if any, allow this.

What is the name of your state - and what, if anything, does your post have to do with personal injury or wrongful death?

 

[Just Blue]

I've been looking into it and it seems that the majority of states do not recognize a trespasser's rights to res ipsa loquitor cases. However, this seems to imply that some states do, and I'm wondering which states, if any, allow this.

Are you doing homework?

 

[Riglef]

Are you doing homework?

No but I am arguing an exam answer. I'm sorry if that's not allowed. To answer quincy's question, the injury to the trespasser would lead to them bringing a res ipsa loquitor case against the property owner. Most often the only allowable case available to the trespasser would be an attractive nuisance one, but I'm arguing that there are probably conditions where a trespasser could bring a res ipsa loquitor case.

 

[Riglef]

This is depending on whether any state would allow it.

 

[Zigner]

I see - so, you want us to research the laws of every state-level jurisdiction in the United States in order to help you win an argument.

We don't get paid enough for that.

 

[Riglef]

I see - so, you want us to research the laws of every state-level jurisdiction in the United States in order to help you win an argument.

We don't get paid enough for that.

Of course not. If you had the answer available off the top of your head or you had a more reliable database than I do (which is basically just googling different combinations of words) then I figured I would try these forums out. If not, then I move on.

 

[quincy]

No but I am arguing an exam answer. I'm sorry if that's not allowed. To answer quincy's question, the injury to the trespasser would lead to them bringing a res ipsa loquitor case against the property owner. Most often the only allowable case available to the trespasser would be an attractive nuisance one, but I'm arguing that there are probably conditions where a trespasser could bring a res ipsa loquitor case.

We are not a debate forum and we do not help students with classsork. Sorry.

That said, you might want to search "test for res ipsa loquitur."

Perhaps reviewing the following cases can be helpful (or not ): Hillen v. Hooker Construction Company, Tex. Civ. App. 484 SW2d 113, 115, and Lux Art Van Service, Inc. v. Pollard, CA Ariz. 344 F2d 883, 886.

 

[Riglef]

We are not a debate forum. Sorry.

You might want to look up "test for res ipsa liquitur."

Perhaps reviewing the following cases can help: Hillen v. Hooker Construction Company, Tex. Civ. App. 484 SW2d 113, 115, and Lux Art Van Service, Inc. v. Pollard, CA Ariz. 344 F2d 883, 886.

Thank you for your time. I really appreciate it.

 

[quincy]

Thank you for your time. I really appreciate it.

I wouldn't thank me too soon. Haha.

 

[adjusterjack]

I am arguing an exam answer.

OK, I have nothing better to do. State the question word for word as it appears on the exam.

State your answer word for word.

And you still haven't told us your state.

 

[quincy]

OK, I have nothing better to do. State the question word for word as it appears on the exam.

State your answer word for word.

And you still haven't told us your state.

Although I asked for a state name because the law is state-specific, riglef wants to know ALL of the states where res ipsa loquitur could apply to a trespasser.

Exam questions should not be published here.

 

[adjusterjack]

Although I asked for a state name because the law is state-specific, riglef wants to know ALL of the states where res ipso liquitor could apply to a trespasser.

Well, that's not gonna happen.

Exam questions should not be published here.

My curiosity got the best of me.

 

[adjusterjack]

googling different combinations of words

Riglef, try Google Scholar. You can check the boxes for every state and then search "res ipsa loquitur trespass" for all states. Then read the case decisions. There will be about 480 decisions for you to read. No need to thank me.

 

[quincy]

The research will be good for him.