What Is Res Ipsa Loquitur? (2024 Guide)

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.

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 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.

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.