{"id":352976,"date":"2016-04-04T10:46:31","date_gmt":"2016-04-04T15:46:31","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/injury\/accident-injury-law\/res-ipsa-loquitur.html"},"modified":"2024-03-15T14:15:42","modified_gmt":"2024-03-15T19:15:42","slug":"res-ipsa-loquitur","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/injury\/accident-injury-law\/res-ipsa-loquitur.html","title":{"rendered":"Res Ipsa Loquitur and Evidence Law"},"content":{"rendered":"\n
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Res Ipsa Loquitur and Evidence Law<\/h1>\n\n
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\n By Lark Lewis, J.D.<\/a> | Legally reviewed by Katrina Wilson, Esq.<\/a>\n | Last reviewed\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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Res ipsa loquitur is a Latin phrase that translates to “the thing 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.<\/p>\n\n <\/div>\n\n\n\n

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.<\/p>\n

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.<\/p>\n

Understanding the legal terms that could apply to your case is only one aspect of an injury claim. A personal injury lawyer<\/a> can be your advocate throughout the entire process. If you have questions<\/a> about negligence, liability, or evidence in a lawsuit, meet with an attorney<\/a> for support.\u00a0<\/p>\n

Origins and Use of Res Ipsa Loquitur<\/h2>\n

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.<\/p>\n

Common sense dictates that barrels don’t just fall without\u00a0negligence<\/a>. Res ipsa loquitur evolved from such cases. The doctrine emphasizes that sometimes, circumstantial evidence can be powerful enough to shift the burden of proof.<\/p>\n

Elements of Res Ipsa Loquitur<\/h2>\n

For you to prevail as the injured party in a res ipsa loquitur case or claim, all the following elements must generally be present:<\/p>\n