Define: Labes Realis Quae Rei Inhaeret

– Labes Realis Quae Rei Inhaeret is a Latin term that translates to “a real defect inherent in the thing.” It refers to a legal concept where a defect or flaw is inherent in a product or property.

– This concept is often used in product liability cases, where a defect in a product causes harm to the consumer. It can also be relevant in property law cases where a defect in the property causes harm to the owner or occupant.

– Examples include a car with a manufacturing defect that causes an accident, a defective medical device that harms a patient, or a food product contaminated with harmful substances.

– A consumer can prove this by providing evidence of the defect, such as expert testimony, product testing results, or documentation of similar incidents involving the same product.

– In property law, this concept can be used to hold a seller or landlord liable for defects in the property that cause harm to the buyer or tenant.

– A property owner can prove this by providing evidence of the defect, such as inspection reports, expert testimony, or documentation of the harm caused by the defect.

– Remedies may include compensation for damages, medical expenses, lost wages, and pain and suffering.

– Defenses may include lack of evidence of the defect, contributory negligence on the part of the plaintiff, or the expiration of the statute of limitations.

– Labes Realis Quae Rei Inhaeret focuses specifically on the inherent defect in a product or property, while negligence and strict liability focus on the actions or responsibilities of the parties involved.

– If you believe you have a case based on this concept, it is important to consult with a qualified attorney who can evaluate your situation and advise you on the best course of action.