Del. P.J.I. Civ. § 10.3

RES IPSA LOQUITUR

[Plaintiff’s name] has alleged that [defendant’s name] was negligent, and

that this negligence caused [describe accident / injury]. On the issue of negligence,

one of the questions for you to decide is whether the [__describe accident / injury__]

occurred under the following conditions:

(1) the accident is the sort that does not ordinarily happen if those who have

management and control use proper care;

(2) the evidence excludes [plaintiff’s name]’s own conduct as a cause of

the accident;

(3) the thing that caused the injury was under the control, although not

necessarily the exclusive control, of [defendant’s name] or [his/her/its] servants

when the negligence occurred; and

(4) the facts are strong enough to suggest negligence and call for an

explanation or rebuttal from [defendant’s name].

If, and only if, you find that all these conditions exist, you may conclude that

a cause of the occurrence was some negligent conduct by the defendant.