What Is Res Ipsa Loquitur? (2024 Guide) (2024)

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Christy Bieber, J.D.Contributor

Christy Bieber has a JD from UCLA School of Law and began her career as a college instructor and textbook author. She has been writing full time for over a decade with a focus on making financial and legal topics understandable and fun. Her work has appeared on Forbes, CNN Underscored Money, Investopedia, Credit Karma, The Balance, USA Today, and Yahoo Finance, among others.

Christy Bieber, J.D.

Christy Bieber, J.D.Contributor

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Adam Ramirez, J.D.editor

Adam has resided at the intersection of legal and journalism for two decades. An award-winning journalist and legal strategist, he’s covered high-profile trials in Florida.After law school, Adam and spent two years clerking for a U.S. District Court judge. He researched and wrote legal precedent in published opinions on behalf of the Court.He has been an editor, columnist and journalist at the Miami Herald, The Dallas Morning News, The Oregonian, Golf Digest, FindLaw.com and other media outlets.He lived in Colombia and Argentina teaching legal English to attorneys and law students. He is also a Spanish-language subject matter expert.An avid waterman, he surfs and scuba dives frequently.

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 circ*mstances 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 circ*mstantial 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 circ*mstantial 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.

Frequently Asked Questions (FAQs)

What does res ipsa loquitur mean?

Res ipsa loquitur is Latin for “the thing speaks for itself.” It is a legal doctrine that applies in tort claims. When an incident obviously would not have occurred absent negligence, a plaintiff can use circ*mstantial evidence to create a rebuttable presumption the defendant was negligent and thus should be held liable for losses.

What is an example of res ipsa loquitur?

There are many different examples of res ipsa loquitur. A doctor operating on the wrong body part is an example of a situation where this legal doctrine would likely apply. Other examples include a soda bottle that explodes when someone touches it or a flower pot falling from a high distance onto passerby below.

What is the difference between res ipsa loquitur and negligence per se?

Both res ipsa loquitur and negligence per se allow a plaintiff to create a presumption a defendant was negligent and thus should be liable for losses.

When res ipsa loquitur applies, it is because common sense dictates the incident leading to injury wouldn’t have happened absent negligence. When negligence per se applies, negligence can be inferred from the fact the defendant broke a law.

For example, drunk driving that leads to a car crash is an example of negligence per se because it is obviously negligent to break the laws prohibiting drunk driving. But a doctor leaving a sponge inside of a patient is an example of res ipsa loquitur because this wasn’t a violation of any particular law but negligence can still be inferred from the circ*mstances.

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