Res ipsa loquitur - sustany/dvg GitHub Wiki

Definition

Latin for "the thing speaks for itself." ��Overview

In tort law, a principle that allows plaintiffs to meet their burden of proof with what is, in effect, circumstantial evidence.�The plaintiff can create a rebuttable presumption of negligence by the defendant by proving that the harm would not ordinarily have occurred without negligence, that the object that caused the harm was under the defendant�s control, and that there are no other plausible explanations. �Prima Facie Case

To prove res ipsa loquitor negligence, the plaintiff must prove 3 things:

1. The incident was of a type that does not generally happen without negligence
2. It was caused by an instrumentality solely in defendant�s control
3. The plaintiff�did not contribute to the cause

Limitations on�Res Ipsa Loquitur

An which injury which happens without the fault of a plaintiff (i.e. certain types of slip-and-fall accidents) would necessarily fail the prima facie test, failing the third element in particular.�

Further Reading

For more on�res ipsa loquitur, see this Yale Law Review note�and this St. John's Law Review note.�

For an example of a court applying�res ipsa�loquitur, see�Byrne v Boadle.