George Washington University v. Weintraub, 458 A.2d 43 (1983)

Citation: George Washington University v. Weintraub, 458 A.2d 43 (1983)
Parent Document: George Washington University v. Weintraub, 458 A.2d 43 (1983)
Jurisdiction: DC (municipal)
Effective Date: 1983-02-25
Original Source: https://www.courtlistener.com/opinion/2298306/george-washington-university-v-... ↗

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Sullivan v. Snyder, 374 A.2d 866, 867-68 (D.C.1977) (quoting W. Prosser, Handbook of the Law of Torts § 39, at 214 (4th ed. 1971)); accord Quin v. George Washington University, 407 A.2d 580, 583 (D.C.1979). When available, therefore, res ipsa loquitur will permit a tenant, who has limited access to information about the true nature of the event, to urge the trier of fact to draw two inferences from circumstantial evidence: that the accident more likely than not was the result of negligence, and the defendant-landlord was responsible. Absent satisfactory rebuttal evidence by the landlord, these inferences will be fairly drawn because, under the circumstances, the landlord will be in a substantially better position than the tenant to explain the cause of the injury, including the landlord’s own lack of responsibility if that be the case. See, e.g., Krebs, supra, 321 A.2d at 561 (“superior, if not exclusive knowledge which defendants sometimes have as to the cause of accidents”); Washington Sheraton Corp. v. Keeter, 239 A.2d 620, 622 (D.C.1968) (“Defendant in control has a greater access to the instrumentality ... [and is] therefore in a better position to enlighten the trier of fact”).

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