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#breach #negligence #tort
The accident must also be of the kind that would not normally happen without negligence. If there could be an innocent explanation of the accident, then the maxim will not work. A good illustration of this principle is the case of Mahon v Osborne [1939] 2 KB 14 where the principle was held to apply when a swab was left inside the body of a patient following an abdominal operation.
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