Which of the following statements with regard to the tort of negligence is false?

A) If a person is injured by a defective product that he himself did not purchase, he can sue the manufacturer for negligence.
B) To win his negligence case, the plaintiff must prove that the defendant owed him a duty of care, was below the standard of care the law requires, and thus caused him foreseeable damage.
C) In most provinces, the standard of care imposed on an occupier has been modified by statute.
D) For a person to completely escape liability for negligence on the grounds that the plaintiff volunteered to take the risk, the court would have to find that the plaintiff volunteered to accept the physical risk and the legal consequences as well.
E) In negligence cases, the special provision of res ipsa loquitor must always be applied in order to establish liability.

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Nayari Cardenas · Accepted Answer

Final Answer : E, Explanation :  The statement E is false because res ipsa loquitur (the thing speaks for itself) is a doctrine that applies in specific cases where negligence is inferred from the nature of the accident or injury, rather than being directly proven. It is not a requirement that must always be applied in order to establish liability in negligence cases.

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