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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FAQ
Res ipsa loquitur and negligence per se are both doctrines that assist in proving breach of duty in certain negligence cases. The former allows negligence to be inferred from the circumstances and the latter allows it to be inferred from a violation of law.
As discussed, a successful negligence case requires the plaintiff to prove four elements: duty, breach of duty, causation, and damages. A res ipsa loquitur case covers the first three, namely, duty, breach of duty, and causation.
Res ipsa loquitur is a Latin phrase, which literally translates to ?the thing speaks for itself.? An essential part of any personal injury case is being able to show that the other party's wrongdoing or negligence caused the injury at issue.
To prove res ipsa loquitor negligence, the plaintiff must prove 3 things: The incident was of a type that does not generally happen without negligence. It was caused by an instrumentality solely in defendant's control. The plaintiff did not contribute to the cause. Res Ipsa Loquitur Wex US Law LII / Legal Information Institute cornell.edu ? wex ? resipsaloquitur cornell.edu ? wex ? resipsaloquitur
Various examples of res ipsa loquitur include the following: a piano falling from a window and landing on an individual, a barrel falling from a skyscraper and harming someone below, a sponge is left inside a patient following surgery or the carcass of an animal is discovered inside a food can.