What is the legal doctrine that allows liability without direct evidence of negligence based on the circumstances of an accident?

The legal doctrine that allows liability without direct evidence of negligence is known as res ipsa loquitur. This Latin term translates to "the thing speaks for itself," and it is applied in situations where the circumstances surrounding an accident imply that negligence occurred, even if there is no direct evidence or testimony to prove it.

For this doctrine to apply, three main criteria generally need to be established:

1. The accident must be of a kind that ordinarily does not occur in the absence of negligence.

2. The instrumentality or situation that caused the accident must have been within the exclusive control of the defendant.

3. The plaintiff must not have contributed to the cause of the accident.

Res ipsa loquitur is significant because it shifts the burden of proof to the defendant, who must then provide an explanation or evidence countering the inference of negligence. This doctrine is commonly employed in cases involving medical malpractice, aviation accidents, and other scenarios where direct evidence of negligence is challenging to obtain, but the circumstances strongly suggest that negligence must have occurred.

The other options discuss important concepts related to liability and negligence but do not directly relate to the ability to establish liability without direct evidence. Duty of care refers to the obligation to avoid acts or omissions that could foreseeably harm others;