Res ipsa loquitur is a Latin phrase that literally translates to “the thing speaks for itself”. In law, it’s a doctrine used in tort cases (civil lawsuits for negligence) that allows a plaintiff to infer negligence based on the circumstances of the accident.
Res ipsa loquitur is Latin for “the thing speaks for itself.”
Imagine a situation where a falling object from a building injures someone walking by. The circumstances – a falling object from a building – strongly suggest that someone was negligent (e.g., improper maintenance, someone dropped something accidentally). This is the essence of res ipsa loquitur.
The doctrine shifts the burden of proof to a certain degree. Normally, a plaintiff has to prove the defendant was negligent. With res ipsa loquitur, the unusual circumstances of the accident itself create a presumption of negligence that the defendant has to rebut (explain otherwise).
