What is Res Ipsa Loquitur?
A Latin legal doctrine meaning "the thing speaks for itself," which allows a jury to infer negligence from the very nature of an accident when it would not normally occur without someone's negligence.
Understanding Res Ipsa Loquitur
Res ipsa loquitur applies when the plaintiff cannot identify the specific negligent act but the circumstances strongly suggest negligence. The plaintiff must show that the accident is of a kind that ordinarily does not occur without negligence, the instrumentality causing the injury was under the defendant's exclusive control, and the plaintiff did not contribute to the accident.
Examples
- 1Surgical sponge left inside a patient after surgery
- 2Elevator suddenly dropping several floors
- 3Barrel falling from a warehouse window onto a pedestrian below
Related Terms
Negligence
The failure to exercise the level of care that a reasonably prudent person would exercise in similar circumstances, resulting in harm to another person or their property.
Burden of Proof
The duty to prove disputed facts, which in civil cases means proving claims by a preponderance of the evidence (more likely than not).
Medical Malpractice
Professional negligence by a healthcare provider whose treatment falls below the accepted standard of care, resulting in injury or death to the patient.
Breach of Duty
A failure to meet the applicable standard of care or to fulfill a legal obligation to act reasonably, which is a required element of a negligence claim.
Proximate Cause
The primary or legal cause of an injury that is sufficiently related to the harm to justify holding the defendant responsible, even if other factors also contributed.
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