What Is Res Ipsa Loquitur?

Res ipsa loquitur is Latin and literally means the thing

speaks for itself.
In the context of a legal claim based on negligence, res ipsa
loquitur essentially means that the circumstances
surrounding the case make it obvious that negligence
occurred.

Normally, when a plaintiff pursues an injury claim to

recover compensation, the plaintiff must show the
defendant breached a legal duty by acting more carelessly
than a reasonable person (or reasonable professional)
would have. The plaintiff must also show the defendant’s
negligence was the direct cause of harm.

In some cases, however, common sense dictates a

particular accident would not have happened unless
someone was negligent. In these types of situations, the
doctrine of res ipsa loquitur applies. The doctrine creates
the presumption of negligence simply by a showing of
circumstantial evidence, rather than the plaintiff having to
provide more solid evidence negligence happened.

How Can You Prove Res Ipsa Loquitur?

In general, there are certain things plaintiffs must show in

order for the doctrine of res ipsa loquitur to apply and to
create a presumption of negligence. Specifically, the
plaintiff must prove the following:
 Common sense dictates the incident wouldn’t have
occurred without negligence and that there are no
plausible explanations for the incident that don’t suggest
negligence
 The defendant was in sole control of whatever caused the
incident to occur
 The plaintiff did not contribute to causing their own
injuries
It can be much easier to satisfy the burden of proof when
a plaintiff can show res ipsa loquitur applies than if the
plaintiff must provide more in-depth evidence of
negligence.
Examples of Res Ipsa Loquitur

Examples of res ipsa loquitur can be found in many

different kinds of personal injury claims. Some common
examples include:
 A person is handed a soda bottle that explodes upon
contact. Obviously, absent some type of negligence or
wrongdoing, soda bottles are not supposed to explode
when someone touches them.
 A doctor operates on the wrong patient or the wrong body
part. There is no situation in which any reasonably
competent doctor would make this type of mistake
 without negligence being involved somewhere in the
process.
 A vehicle airbag explodes upon impact, sending shrapnel
flying through the vehicle and causing injuries. Airbags
obviously are not supposed to explode and shoot shrapnel
at passengers.
In each of these examples, the incident that caused harm
to the victim speaks for itself. There is no need to look
more in depth into whether a reasonably competent
defendant would have made the same errors in the same
way.
Defending Against Res Ipsa Loquitur

Res ipsa loquitur creates a rebuttable presumption of

negligence. This means once a plaintiff proves this legal
doctrine applies and that they were harmed by an
obviously careless action, the defendant can be held liable
for any resulting losses unless the defendant can raise a
viable defense.
A reputable presumption of negligence can be rebutted
with competing evidence from a defendant. For example,
a defendant could argue against liability by raising the
following defenses.
 The plaintiff contributed to or assumed the risk of injuries
 An intervening act of God or other event was the actual
cause of harm, not the defendant’s actions
Determining the viability of a defense can be
complicated. For example, in most states, plaintiffs can
still pursue a claim for compensation even if they were
partly to blame for their injuries. They would just receive
reduced compensation, based on the percentage of fault attributed to them
versus the defendant.

Because proving res ipsa loquitur can be complicated and

because of the possibility a defendant will successfully
raise defenses that a plaintiff can counter, it is a good idea
to have an experienced legal professional representing
you.
A dedicated injury lawyer can help you to understand if
the doctrine of res ipsa loquitur applies to your case and,
if so, how you can gather the necessary circumstantial
evidence to prove the elements of your case and get the
compensation that you deserve.
You should call an experienced attorney as soon as
possible–especially since res ipsa loquitur cases usually
involve obvious negligence for which you should be
appropriately compensated.