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Resonable Man Standard

A standard that applies to business owners in order to help find who is at fault for slip and fall accidents within a business facility. The standard states that owners are not guarantors of every person’s safety that enter their establishment, but to be reasonably careful and aware of conditions that may be unsafe. If a business owner is aware of an unsafe condition in their store or on their property but do not take care of the problem or warn visitors, they are most commonly found liable for the visitor’s injuries. This standard is often upheld for victims of a slip and fall claim.

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Rebuttle Presumption

An ordinary presumption which must, as a matter of law, be made once certain facts have been proved, and which is thus said to establish a prima facie conclusion; it may be rebutted or overcome through the introduction of contrary evidence but if it is not, it becomes conclusive. After rebutting evidence is introduced, under prevailing doctrine the competing facts are weighed on their own merits, without further reference to the presumption.

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Redirect Examination

The questioning of a witness by a party who called the witness after that witness has been subject to cross-examination. The purpose of redirect examination is to rebut or clarify any damaging testimony elicited on cross-examination.

In general, the redirect examination of a witness may extend to matters brought out on cross-examination, and ordinarily it should be limited to the scope of the cross-examination, although the court may permit it to go beyond the scope thereof.

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Remote Cause

A type of cause which does not necessarily produce an event without which injury would not occur. Thus, a cause which is not considered to be “proximate” will be regarded as “remote.”

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Res Ipsa Loquitur

Meaning “the thing speaks for itself”. A rule of evidence whereby negligence of the alleged wrongdoer may be inferred from the mere fact that the accident happened, provided: (1) the occurrence is the kind of thing that does not ordinarily happen without negligence; (2) the occurrence must have been caused by an agency or instrumentality within the exclusive control of the defendant; (3) the occurrence was not due to contribution or voluntary action by the plaintiff. The rule may not apply when direct evidence of negligence exists. The procedural effect of successfully invoking the doctrine is to shift the burden of going forward with the evidence, which normally attaches to the plaintiff, to the defendant, who is thereby charged with introducing evidence to refute the presumption of negligence which has been created.

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