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Res Ipsa Loquitur

Res ipsa loquitur is a Latin phrase that means "the thing speaks for itself." It is a doctrine in negligence law that allows a breach of the duty of care to be inferred from the events that occurred. Specifically, if the negligence is clear enough from the incident itself, then the plaintiff does not need to provide extensive evidence of the breach. Instead, there is an assumption of negligence, and it is up to the defendant to prove they were not negligent. For example, in a case of mismatched blood transfusion, res ipsa loquitur would apply as the negligence is evident without further proof needed. The principle is a rule of evidence that relies on common sense and public policy considerations.

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38 views1 page

Res Ipsa Loquitur

Res ipsa loquitur is a Latin phrase that means "the thing speaks for itself." It is a doctrine in negligence law that allows a breach of the duty of care to be inferred from the events that occurred. Specifically, if the negligence is clear enough from the incident itself, then the plaintiff does not need to provide extensive evidence of the breach. Instead, there is an assumption of negligence, and it is up to the defendant to prove they were not negligent. For example, in a case of mismatched blood transfusion, res ipsa loquitur would apply as the negligence is evident without further proof needed. The principle is a rule of evidence that relies on common sense and public policy considerations.

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neeraj kumar
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© © All Rights Reserved
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Maxim:Res Ipsa Loquitur 

Res ipsa loquitur is Latin, and when interpreted directly implies the thing speaks for itself. Under
the common law of negligence, the res ipsa loquitur doctrine demonstrates that a breach of a
party's duty of care may be inferred from the events that happened. As it were, the negligence is
clear to such an extent that you can tell that somebody had a negligent hand in what occurred.
Fundamental negligence standards expect that to prove a case, a party must owe an obligation of
care and afterward breach the duty of care. As it were, on the off chance that one is responsible
or controls something, for example, property, that individual is answerable for giving a sensible
measure of care to ensure that the property is protected. At the point when an accident occurs, it
may be the case that the land owner breached his duty of care. Nonetheless, with res ipsa
loquitur, the breach is clear to such an extent that there is an assumption of the breach of duty
and the plaintiff doesn't have to give broad proof, assuming any, of the breach. Accordingly, the
negligence justifies itself.
The principle of res ipsa loquitur – a rule of evidence – which depends on rule of judiciousness
and open approach, was held to be completely appropriate in departmental procedures also –
where the Corporation past a specific cutoff can't lead any proof to demonstrate negligence of a
driver utilized by it in driving vehicle endowed to him – North West Karnataka Road Transport
Corporation Vs B.U. Doni MANU/KA/0798/2002.
In a case where negligence is clear, the principle of res ipsa loquitur works and the complainant
doesn't need to prove anything as the thing (res) substantiates itself. In such a case it is for the
respondent to prove that he has taken consideration and performed his responsibility to repulse
the charge of negligence; for eg. a case of mismatch blood transfusion is one of the illustrations
given to indicate the application of res ipsa loquitur– V. Kishan Rao Vs Nikhil Super Speciality
Hospital and Ors., MANU/SC/0332/2010: 2010 (5) SCC 513: 2010 (4) JT 630 SC.

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