Res Ipsa Loquitur
Literal meaning: “The thing speaks for itself.”
What does the Latin term "Res Ipsa Loquitur" mean in law?
Res ipsa loquitur is a tort doctrine that allows a plaintiff to establish a prima facie case of negligence through circumstantial evidence when direct evidence of the defendant's specific act of negligence is unavailable. To invoke res ipsa loquitur, the plaintiff must typically show: (1) the injury would not ordinarily occur in the absence of negligence, (2) the instrumentality causing the injury was within the exclusive control of the defendant, and (3) the injury was not caused by any voluntary action or contribution of the plaintiff. The effect of successfully invoking the doctrine varies by jurisdiction — it may create a permissible inference of negligence, shift the burden of production to the defendant, or create a rebuttable presumption of negligence.
Source: Torts · Legal Latin
Legal Definition
Res ipsa loquitur is a tort doctrine that allows a plaintiff to establish a prima facie case of negligence through circumstantial evidence when direct evidence of the defendant's specific act of negligence is unavailable. To invoke res ipsa loquitur, the plaintiff must typically show: (1) the injury would not ordinarily occur in the absence of negligence, (2) the instrumentality causing the injury was within the exclusive control of the defendant, and (3) the injury was not caused by any voluntary action or contribution of the plaintiff. The effect of successfully invoking the doctrine varies by jurisdiction — it may create a permissible inference of negligence, shift the burden of production to the defendant, or create a rebuttable presumption of negligence.
How It's Used
Res ipsa loquitur is one of the most commonly tested doctrines in torts. It is invoked when the plaintiff cannot identify the specific negligent act but the circumstances strongly suggest negligence. Classic examples include surgical instruments left inside a patient and barrels falling from a warehouse.
Example Sentences
The plaintiff invoked res ipsa loquitur after a surgical sponge was discovered inside her abdomen following routine surgery.
Under res ipsa loquitur, the fact that a barrel of flour fell from the defendant's warehouse window was sufficient to establish a prima facie case of negligence.
The court applied res ipsa loquitur because the exploding bottle was within the exclusive control of the bottling company.