What doctrine assumes negligence when one has exclusive control over the cause of damage?

Study for the Connecticut Property Insurance License Exam. Prepare with flashcards and multiple choice questions, each featuring hints and explanations. Get ready for your exam today!

The doctrine that assumes negligence when one has exclusive control over the cause of damage is known as res ipsa loquitur. This legal principle allows a presumption of negligence to be made in situations where an accident occurs under circumstances that would not usually happen without someone's negligence.

For res ipsa loquitur to apply, it must be shown that the event is of a kind that ordinarily does not happen in the absence of negligence, that the instrumentality causing the harm was under the exclusive control of the defendant, and that the plaintiff did not contribute to the harm in any way. This doctrine effectively shifts the burden of proof to the defendant, compelling them to demonstrate that they were not negligent.

In contrast, substantial compliance refers to meeting the essential requirements of a law or regulation even if not all technicalities are fulfilled. Comparative negligence deals with the apportionment of fault among multiple parties in a negligence case and does not involve presumption of negligence. Vicarious liability is a legal concept where one party is held liable for the negligent actions of another, typically in employment situations, rather than assuming negligence directly. Therefore, the application of res ipsa loquitur is particularly significant as it directly addresses situations of exclusive control and inherent negligence.

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