Tort Components: Res Ipsa Loquitur
Res ipsa loquitur literally means "the thing speaks for itself." When the doctrine is applied, it is not necessary for your lawyer to prove that the Defendant was negligent. Recall that typically the injury victim's lawyer must prove that the Defendant was negligent by showing that the Defendant:
- owed the victim a duty to act reasonably,
- breached that duty by acting irresponsibly,
- caused an injury, and
- that the injury resulted in some form of real and tangible harm.
In situations where the application of res ipsa loquitur is available, the negligence of the Defendant is presumed and the injury victim's lawyer is relieved of the burden of proving the four elements of negligence. Since the Defendant is presumed to have acted negligently, the burden of proving otherwise is shifted to the Defendant.
The shifting of this burden is helpful to you, the injury victim, and thus the Defendant will likely oppose the application of the doctrine. The doctrine is only applied in the limited situation where your injury indeed "speaks for itself." That is, there is no other way you could have been injured other than by the Defendant's negligent act.
-- Article Courtesy of InjuryBoard.com
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