Res IPSA Sequitur (Latin for "the thing speaks for itself") is a legal term used in tort law. It is a doctrine that shifts the burden of proof from the plaintiff to the defendant in certain cases. This doctrine states that if a defendant is in exclusive control of the instrumentality which caused the plaintiff's injury, the fact that the injury occurred is sufficient proof that the defendant was negligent. The plaintiff does not have to prove the specific act of negligence, but rather that the defendant had the opportunity and the means to prevent the harm. There are three types of Res IPSA Sequitur: common knowledge, circumstantial evidence, and direct evidence. Common knowledge Res IPSA Sequitur occurs when the facts of the case are so well-known that a jury can infer negligence from them without additional evidence. Circumstantial evidence Res IPSA Sequitur occurs when the plaintiff must show that the defendant had exclusive control of the instrumentality that caused the harm. Direct evidence Res IPSA Sequitur occurs when the plaintiff can prove that the defendant had exclusive control of the instrumentality that caused the harm.
Res Ipsa Loquitur
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How to fill out Res Ipsa Loquitur?
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