In most personal injury cases, the injured person must prove exactly how another’s negligence caused their harm. However, what happens when the cause of the accident isn’t clear, yet the facts make it obvious that negligence must have occurred?
That’s where the legal doctrine of res ipsa loquitur comes into play. The phrase is Latin for “the thing speaks for itself.” It allows courts to infer negligence from the very nature of an accident when direct evidence is missing.
What Is Res Ipsa Loquitur?
Res ipsa loquitur is a rule that helps injured victims prove negligence through circumstantial evidence. Instead of identifying a specific careless act, a plaintiff can show that the incident itself strongly suggests negligence occurred.
The idea is simple: some accidents just don’t happen unless someone was negligent. If an injury results from something entirely under another person’s control, the law allows juries to infer that the person responsible acted carelessly.
For example, if a surgeon leaves a medical sponge inside a patient after surgery, the injury “speaks for itself.” The patient doesn’t need to prove who made the exact mistake; the fact that it happened is enough to raise a presumption of negligence.
When Does Res Ipsa Loquitur Apply?
Courts generally require a few conditions before res ipsa loquitur can apply:
- The accident would not normally happen without negligence: For instance, a person isn’t likely to be injured by a falling light fixture or a collapsed elevator unless someone failed to maintain it properly.
- The cause of the injury was under the defendant’s control: The defendant must have been responsible for the incident that led to the injury.
- The plaintiff did not contribute to the accident: The injured person must not have acted in a way that helped cause their own injuries.
When these elements are present, the court can allow the case to proceed even without direct proof of how the defendant was negligent.
Examples of Res Ipsa Loquitur Cases
Res ipsa loquitur is often used in cases where the injured person doesn’t have access to detailed evidence of what happened.
Common examples of res ipsa loquitur cases might include:
- A patient suffers internal burns or injuries during a routine surgery.
- A pedestrian is struck by a wheel that detaches from a passing vehicle.
- A bottle or can explodes while being opened normally.
- A hotel guest is injured when a ceiling fan falls from the ceiling.
- A shopper is hurt when a store display collapses.
In these situations, it would be unreasonable to expect the victim to know exactly which act or person caused the accident. Nonetheless, the circumstances make it clear that carelessness must have played a role.
How Does It Differ from Ordinary Negligence?
Ordinary negligence claims require direct proof of four elements: duty, breach, causation, and damages. Res ipsa loquitur works differently in that it allows a jury to infer negligence from the accident itself, provided the situation meets the legal conditions required.
This doesn’t automatically mean the defendant is liable; it simply shifts the focus. Once the plaintiff shows that the incident wouldn’t have occurred without negligence, the defendant must explain how it could have happened otherwise.
Proving a Personal Injury Case Using Res Ipsa Loquitur
The plaintiff (injured victim) in a res ipsa loquitur case still needs to present convincing facts that support their contentions and damages.
Common types of evidence that you might bring in a case using res ipsa loquitur could include:
- Expert testimony explaining why the event couldn’t occur without negligence
- Witness statements about what they saw or heard
- Maintenance records showing control over the dangerous condition
- Photographs and video evidence from the scene of the accident
In medical malpractice cases and other complex res ipsa loquitur claims, expert witnesses can confirm that the injury in question was the type that doesn’t happen unless someone was careless. An experienced personal injury attorney can help you gather the necessary evidence to prove your claim and put maximum compensation into your pocket.
Contact a Personal Injury Lawyer to Schedule a Free Initial Consultation
If you were hurt in an accident that seems like it could only have happened due to negligence, you may have a valid claim under the principle of res ipsa loquitur.
An experienced personal injury lawyer can investigate the facts and circumstances of your case and, from there, advise you on your best course of action. While res ipsa loquitur can make it easier to win your claim, you may still be entitled to compensation either way.
Most personal injury lawyers work on contingency, which means they only get paid if they win compensation. Under this system, you don’t pay your attorney up front, which means you can pursue legal representation without any upfront financial risk. Contact a Chicago personal injury attorney at Zayed Law Offices Personal Injury Attorneys to set up a free consultation. Call us at (312) 726-1616.
