Res Ipsa Loquitur and Evidence Law

Res ipsa loquitur is a Latin phrase that translates to "the thing that speaks for itself." In personal injury law, this concept arises when the very occurrence of an accident suggests that someone was at fault, even if there's no direct evidence pointing to the defendant's negligence.

Trying to understand personal injury law can be a tall order. Whether it's a car accident, medical malpractice, or premises liability matter, each personal injury case is intertwined with complex legal terms, doctrines, and rules of evidence.

This article discusses the origins and use of the res ipsa loquitur doctrine, as well as the doctrine's elements. It also addresses the implications of the doctrine for personal injury claimants. Finally, it offers examples of the doctrine of res ipsa loquitur.

Origins and Use

The doctrine of res ipsa loquitur can be traced back to a case involving a barrel of flour. The barrel, without any explanation, fell out of a window and injured a passerby below.

Common sense dictates that barrels don't just fall without negligence. Res ipsa loquitur evolved from such cases. The doctrine emphasizes that sometimes circumstantial evidence can be powerful enough to shift the burden of proof.

Elements of Res Ipsa Loquitur

For you to prevail as the injured party in a res ipsa loquitur case or claim, the following elements must generally be present:

1. The type of injury that occurred doesn't usually happen without negligence;
2. The instrumentality causing your injury was under the control of the defendant; and
3. You didn't contribute to your own injury

The element of "control of the defendant" means the instrumentality causing harm was under the defendant's exclusive control. This reinforces the presumption of negligence.

Implications for Personal Injury Claimants

Personal injury attorneys use res ipsa loquitur when direct evidence of a defendant's duty and breach of duty of care is lacking.

For example, suppose a patient wakes up post-surgery with an injury not obviously connected to their procedure. In that case, the doctrine of res ipsa loquitur can be invoked. The doctrine can show that the injury speaks for itself, implying negligence.

Expert Testimony

You can use expert testimony to establish the elements of negligence. Let's dive into how expert testimony can help establish the elements of negligence in such cases.

• Duty of care: Experts can offer testimony on industry standards and best practices that define the expected duty of care in a given situation. In a medical malpractice case, a medical expert might testify about the standard protocols that a competent medical professional would follow.

• Breach of duty: An expert can explain technical aspects that jurors might not understand. In a medical malpractice scenario, a medical expert can explain how a particular procedure should be done. Then, they can describe how the defendant deviated from the accepted practice.

• Causation: This element requires showing that the breach of duty directly caused the injury. An expert can provide testimony linking the negligent action to the injury sustained. In a case where a patient was injured due to a surgical instrument left inside their body, a medical expert can testify about the potential harm caused by such an oversight.

• Damages: While damages might seem straightforward, experts can help quantify non-obvious damages. A medical expert can detail the long-term implications of an injury. An economic expert might provide insights into lost wages and future earning potential.

In res ipsa loquitur cases, the specific mechanism of injury or how the negligence occurred might be unknown. Expert testimony assists in filling in the gaps. This gives context to the circumstantial evidence present. Expert testimony helps juries understand the case. It lends credibility to the plaintiff's assertions and can be pivotal in swaying the balance in their favor.

Rebuttal by Defendants

When you successfully invoke the doctrine of res ipsa loquitur in a negligence case, the burden of proof is essentially shifted from you, as the plaintiff, to the defendant. The circumstance of the incident, by its very nature, suggests negligence. Thus, the presumption is that the defendant was negligent.

But this presumption isn't absolute. Instead, it is rebuttable. The defendant can present evidence to counter this presumption. They can attempt to prove that they weren't negligent.

Let's expand on how defendants can rebut this presumption.

• Alternative explanation for the incident: One way to rebut the presumption is by providing an alternative explanation for how the incident could have occurred without any negligence on the defendant's part. For instance, if a patient suffers an unexpected medical complication, the healthcare provider might argue that the complication was a known yet rare side effect that didn't result from negligence.

• Absence of control: If the defendant can show that they didn't have exclusive control or that others could have interfered or tampered with the instrumentality, they can rebut the presumption.

• Plaintiff's contribution: Another defense tactic involves demonstrating that the plaintiff's own actions or negligence contributed to the incident. For example, if someone claims an injury due to a slip and fall, the premises owner might show that the person wasn't paying attention or was acting recklessly at the time.

A defendant's ability to rebut the presumption established by res ipsa loquitur ensures fairness in the legal system. It ensures that while plaintiffs have a tool to argue their case when direct evidence of negligence is scarce, defendants can still defend themselves against potentially baseless claims.

Res Ipsa Loquitur Examples

Res ipsa loquitur is widely associated with medical malpractice cases. But it's also applicable in other scenarios. Below are two examples of res ipsa loquitur cases.

• Medical malpractice: Imagine you go into a hospital for a simple hand surgery, but you wake up and discover your foot is injured. Since you only went in for hand surgery, something must have gone wrong for your foot to be injured. This situation suggests someone may have made a mistake, even if you don't have direct proof of it.

• Other scenarios - falling objects: Suppose you're walking on the sidewalk next to an apartment building, and a microwave or other object is thrown out of an apartment window and hits you. You may not have seen who threw the object from the window, but this is okay under the theory of res ispa loquitur.

In these situations, even if nobody saw what happened, the accident speaks for itself. It's apparent in both instances you didn't contribute to your own injury. This suggests someone might have been careless or made a mistake. Assuming you can demonstrate that the defendant had exclusive control over the instrumentality, you're likely to succeed on your res ipsa loquitur claim.

Get Help From a Personal Injury Lawyer

For those seeking justice after an injury, res ipsa loquitur may apply. The doctrine serves as a cornerstone in many personal injury lawsuits. Personal injury lawyers are well-versed in this legal principle. Consult an attorney to understand more about any personal injury claim or lawsuit.