Torts
RESS IP-sah loh-KWIT-urRes Ipsa Loquitur
Definition
Res ipsa loquitur ("the thing speaks for itself") is a doctrine that permits an inference of negligence when the accident is of a type that ordinarily does not occur without negligence, the instrumentality causing the harm was in the defendant's exclusive control, and the plaintiff did not contribute to the injury. It does not shift the burden of proof but creates a permissible inference that the jury may draw. The doctrine is particularly useful when direct evidence of negligence is unavailable.
Example
A barrel of flour falls from a warehouse window onto a passerby. Barrels do not ordinarily fall from windows without someone's negligence — res ipsa loquitur applies.