res ipsa loquitur

res ipsa loquitur
The thing speaks for itself. The rule that proof that the thing which caused the injury to the plaintiff was under the control and management of the defendant, and that the occurrence was such as in the ordinary course of things would not have happened if those who had its control or management had used proper care, affords sufficient evidence, or, as sometimes stated by the courts, reasonable evidence, in the absence of explanation by the defendant, that the injury arose from, or was caused by, the defendant's want of care. 38 Am J1st Negl § 295. The three essential elements of the doctrine of res ipsa loquitur are: (1) the instrumentality must be under the control or management of the defendant; (2) the circumstances, according to common knowledge and experience, must create a clear inference that the accident would not have happened if the defendant had not been negligent; and (3) the plaintiff's injury must have resulted from the accident. Lewis v Wolk, 312 Ky 536, 228 SW2d 432, 16 ALR2d 974. The term means "the thing speaks for itself," and that means the thing or instrumentality involved speaks for itself. It clearly does not mean the accident speaks for itself. It means that when the initial fact, namely what thing or instrumentality caused the accident has been shown then, and not before, an inference arises that the injury or damage occurred by reason of the negligence of the party who had it under his exclusive control. The inference of negligence arising from the initially established fact compels the defendant, in order to relieve himself of liability, to move forward with his proof to rebut the inference of negligence. Travelers Ins. Co. v Hulme, 168 Kan 483, 213 P2d 645, 16 ALR2d 793.

Ballentine's law dictionary. . 1998.

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  • Res ipsa loquitur — is a legal term from the Latin meaning, the thing itself speaks but is more often translated the thing speaks for itself. It signifies that further details are unnecessary; the proof of the case is self evident. The doctrine is applied to tort… …   Wikipedia

  • res ipsa loquitur — res ipsa lo·qui·tur also res ipsa lo·qui·tor / lō kwə tər/ n [Latin, the thing speaks for itself]: a doctrine or rule of evidence in tort law that permits an inference or presumption that a defendant was negligent in an accident injuring the… …   Law dictionary

  • res ipsa loquitur — Frase latina que significa los hechos hablan por sí solos , concepto legal importante en muchas demandas por malpraxis. Ejemplos clásicos de res ipsa loquitur son el olvido de una esponja en el abdomen después de cirugía abdominal o la amputación …   Diccionario médico

  • res ipsa loquitur — Latin, the thing speaks for itself …   Etymology dictionary

  • res ipsa loquitur — [ip′sə läk′wə tər] [L] the thing speaks for itself …   English World dictionary

  • res ipsa loquitur — /reez ip seuh loh kwi teuhr, lok wi , rays /, Law. the rule that an injury is due to the defendant s negligence when that which caused it was under his or her control or management and the injury would not have happened had proper management been …   Universalium

  • RES IPSA LOQUITUR — – дело само говорит (за себя), т. е. не требуется дальнейших доказательств …   Советский юридический словарь

  • res ipsa loquitur — (Latin) the thing speaks for itself (damage claim that transfers the burden of proof onto the recklessness or negligence) …   English contemporary dictionary

  • res ipsa loquitur — [ˌreɪz ˌɪpsə lɒkwɪtə] noun Law the principle that the mere occurrence of some types of accident is sufficient to imply negligence. Origin L., lit. the matter speaks for itself …   English new terms dictionary

  • res ipsa loquitur — /ˌreɪz ɪpsə ˈlɒkwətə/ (say .rayz ipsuh lokwuhtuh) noun the legal doctrine that when a thing is exclusively under the control of the defendant or that person s servant, and damage or injury occurs which would not ordinarily happen without… …  

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