Callouts

Question

David picked his 2-year-old son up from daycare. He noticed a scrape on his son's knee. He later inspected his son's knee carefully and took his son to visit a doctor. The knee turned out to be injured. It required treatment, which involved various substantial costs. David sued the daycare.

Can David rely on res ipsa loquitur? Please explain in 150 words or fewer.

Check

The scraped knee is not necessarily indicative of negligence, as such injuries can occur even with proper supervision. Moreover, the daycare may not have had exclusive control, as young children often accidentally injure themselves while playing.
To succeed in a lawsuit, David would likely need to prove specific negligence on the part of the daycare, such as inadequate supervision or unsafe conditions.