Many times proof of negligence may often be difficult or impossible to show. Res ipsa loquitur is the principal that the occurrence of the accident itself implies negligence. Res ipsa loquitur may be applied to product liability cases in Colorado.[16]
Colorado law uses three elements to prove res ipsa loquitur: (1) the event is the kind that ordinarily does not occur without negligence. (2) other causes, including the conduct of third persons and the plaintiff, are eliminated by evidence; and (3) the negligence is within the scope of the defendant’s duty to the plaintiff.[17]