Topic: a plaintiff is not required to show the defendant's actual … · Go Syfert
← All topics

Topic #18847

7 canonical passages across 4 cases, quoted by 22 opinions in total. These passages cluster together because the same opinions keep quoting them side by side — they state parts of one doctrine. The anchor passage is from Millan v. Celebration Cruise Operator, Inc..

#Case FlagCanonical passage Citers
1 Millan v. Celebration Cruise Operator, Inc. Anchor
flsd · 2015
green “a plaintiff is not required to show the defendant's actual or constructive notice of the defective condition in order to raise a res ipsa loquitur inference of negligence under maritime law.” 4
2 K.T. v. Royal Caribbean Cruises, Ltd.
ca11 · 2019
green “duty to protect its passengers is informed, if not defined, by its knowledge of the dangers they face onboard.” 3
3 Millan v. Celebration Cruise Operator, Inc.
flsd · 2015
green “several cases in the maritime context” 3
4 Morhardt v. Carnival Corp.
flsd · 2017
green “aware of other cases in which a plaintiff passenger was injured aboard a carnival cruise ship and the object that purportedly caused the injury was immediately discarded.” 3
5 In re the Complaint of Boston Boat III, L.L.C.
flsd · 2015
green “courts must not hold the prejudiced party to too strict a standard of proof regarding the likely contents of the destroyed evidence because doing so allows the spoliators to profit from the destruction of the evidence,” 3
6 In re the Complaint of Boston Boat III, L.L.C.
flsd · 2015
green “rebuttable, permissible adverse inference that the destroyed evidence would have demonstrated the existence of a dangerous condition” 3
7 In re the Complaint of Boston Boat III, L.L.C.
flsd · 2015
green “that the destroyed evidence would have demonstrated the existence of a dangerous condition which boston boat knew about, should have known about or created.” 3

A red or yellow flag on a member means the underlying case has negative treatment — for those, check the case page before relying on the passage.

← Caselaw search · Hot / Trending / Newly red · Brief Check