Res ipsa loquitur

« Back to Glossary Index

Res ipsa loquitur is a Latin phrase that translates to “the thing speaks for itself.” It is a legal doctrine or concept that allows a plaintiff in a civil lawsuit to establish a presumption of negligence on the part of the defendant based solely on the circumstances surrounding the incident or injury. In other words, it allows the plaintiff to infer that the defendant was negligent because the event or injury would not have occurred without the defendant’s negligence.

Res ipsa loquitur is often applied in cases where direct evidence of negligence is unavailable or difficult to obtain. By invoking this doctrine, the plaintiff shifts the burden of proof to the defendant, who must then provide an explanation or evidence to rebut the presumption of negligence.

« Back to Glossary Index