Which of the following is not a condition for Res Ipsa Loquitur to apply?

Res Ipsa Loquitur is a legal doctrine used in tort law that allows a presumption of negligence to arise from the very nature of an accident, under specific conditions.

For Res Ipsa Loquitur to apply, certain conditions must be met:

1. The accident must be of a type that does not generally occur in the absence of negligence.

2. The instrumentality or cause of the accident must have been under the exclusive control of the defendant.

3. The plaintiff must not have contributed to the cause of the accident in any way.

The notion of whether the injury must be substantial is not a condition for the application of Res Ipsa Loquitur. Instead, the focus is on the circumstances surrounding the accident and the relationship between the parties involved. As such, while substantial injuries may be relevant in the context of damages, they are not a prerequisite for applying the doctrine.

This understanding highlights why the choice regarding the injury being substantial does not directly fit into the framework of Res Ipsa Loquitur as established in tort law.