Res ipsa loquitur is an exotic-sounding Latin term that means, literally, “the thing speaks for itself.” It refers to a legal shortcut to proving negligence in a personal injury case. Proving the elements of res ipsa loquitur is not necessarily enough to impose liability on a defendant in itself, but it does give the plaintiff a significant (and often insurmountable) advantage.
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Res Ipsa Loquitur’s Meaning
Plaintiffs sometimes abandon ordinary negligence and opt for res ipsa loquitur instead. This happens when they conclude they cannot win their negligence claim using direct evidence. The classic illustrative example of a res ipsa loquitur claim is the presence of a surgical instrument inside the body of a plaintiff who recently underwent surgery. Another classic example is a brand-new lighter that explodes in someone’s face.
The Elements of Res Ipsa Loquitur
Res ipsa loquitur does not rely on the duty/breach/causation/damages model of liability, as ordinary negligence does. To establish res ipsa loquitur, the plaintiff must prove the following three elements:
- The accident was of a type that normally does not occur unless someone was negligent.
A brick falls from the top of a building under construction, for example, Since bricks cannot fly, someone must have been negligent.
- The defendant (including company employees) was in sole control of the instrumentality that caused the accident. For example, a doctor was in sole control of the scalpel that was left inside the patient’s body. A company might have been in sole control of the machinery that caused an accident.
- The plaintiff did not contribute to their injuries. The victim of a slip and fall accident might have contributed to their injuries if they were intoxicated at the time of the accident, for example, even if the defendant acted carelessly.
The plaintiff must prove all three of these elements by a preponderance of the evidence to establish res ipsa loquitur.
Examples of Res Ipsa Loquitur
Here are some further examples of cases that might tempt a lawyer to adopt a res ipsa loquitur strategy:
- Objects falling from a building
- A plane crash
- An amusement park ride malfunction
A complete list of res ipsa loquitur circumstances might fill a small library.
When and How Res Ipsa Can Be Used
Res ipsa loquitur is most effective in cases where direct evidence is lacking, but negligence is the most logical explanation for what happened. This legal principle shifts the burden of proof to the defendant, requiring them to prove they were not negligent.
Because of the strict requirements, res ipsa loquitur is most commonly used in complex personal injury cases, including:
- Medical malpractice cases: Surgical errors, foreign objects left in the body, or anesthesia mistakes.
- Defective product claims: Exploding batteries, malfunctioning appliances, or dangerous pharmaceuticals.
- Premises liability injuries: Falling objects, structural collapses, or elevator malfunctions.
Catastrophic accidents: Plane crashes, amusement park ride failures, or large-scale industrial accidents.
If these elements are met, the court may presume negligence, making it much harder for the defendant to escape liability.
Rebutting Res Ipsa Loquitur
Once a plaintiff establishes res ipsa loquitur, the burden of proof reverses. Now, it is the defendant who must prove that they were not negligent. Res ipsa loquitur cases are typically cases where there are no witnesses to the alleged negligence. So, how does the defendant prove they were not negligent? In many cases, it is simply impossible.
You’re Likely to Need a Baltimore Personal Injury Lawyer to Help You Prove Res Ipsa Loquitur
Res ipsa loquitur is not necessarily easy to prove, especially if you are representing yourself. The elements can be difficult to prove, and res ipsa loquitur often comes up in cases that are already complicated. If you believe you have a Maryland personal injury claim, a Baltimore personal injury lawyer can help you. Contact our WGK Personal Injury Lawyers today at (410) 837-2144 for a free consultation.
