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To: Natural Law
A successful res ipsa loquitur claim requires a) actual damages and b) that the injured party did not contribute to his own injury.
1,946 posted on 09/08/2011 8:34:42 AM PDT by Religion Moderator
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To: Religion Moderator
"A successful res ipsa loquitur claim requires a) actual damages and b) that the injured party did not contribute to his own injury."

I used it simply in its literal Latin interpretation which is "it speaks for itself". However, if you want a legal interpretation res ipsa Loquitor is a rule of evidence, not substantive law. For your contributory negligence position to be valid it must be demonstrated that the other party's posting was either within the rules or, at a minimum, extralegal, (that is not covered by the rules,) which clearly isn't the case. Non obstante veredicto.

1,951 posted on 09/08/2011 9:24:54 AM PDT by Natural Law (For God so loved the world He did not send a book.)
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