Page 187 - Liability Insurance IC74

Guide for Liability Insurance

compensation in their respective country, the clause
ensures that the case is filed locally or as agreed
between insured & insurer.

(c) Res Ipsa Loquitor - under the common law, the
burden of proving negligence rests with the person who
has suffered the injury or damage. In other words, he
has to establish that the defendant owed him a duty of
care, and that this duty was breached and the breach
was the proximate cause of the injury or damage.
However, circumstances surrounding the accident may
be such as to lead to a presumption of negligence on the
part of the wrong doer.

For e.g, if a passerby is injured by a flowerpot falling
from the balcony of the private residence, it is not
necessary for him to prove negligence on the part of
the owner of the private residence so long as he can
prove the occurrence of the accident itself. The burden
is shifted to the negligent person than to prove that he
was not negligent.

This is according to the common law rule that the 'thing
speaks for itself'. According to this rule the mere fact
of the accident constitutes prime of his evidence of
negligence. The role is applicable whether accident is

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