Under Ybarra v. Spangard, what is the effect of res ipsa loquitur when an unconscious patient is injured during surgery by an unknown member of the medical team?
QUESTION
A statute requires livestock trucks to separate animals to prevent disease. Unseparated animals are swept overboard in a storm. What is the status of a negligence per se claim?
QUESTION
What are the elements of res ipsa loquitur?
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ANSWER
The accident ordinarily does not occur without negligence, and the negligence is attributable to the defendant. Traditionally, exclusive control by the defendant was required to show attribution.