Day: August 20, 2015

Most personal injury lawsuits are based on a legal theory called negligence. The basic concept of a negligence lawsuit is that one person wrongfully caused injury to another. In some cases, however, a shortcut called “res ipsa loquitur” may be applied. Loosely translated, this Latin phrase means “the thing speaks for itself”. Generally speaking, a negligence lawsuit in Montana requires four elements: The existence of a duty from one person to another; A breach of that duty; Causation of the injury; and Damages suffered as a result of the breach. The theory of res ipsa loquitur is sometimes relevant to the causation part of a case. However, it may be used