Res ipsa loquitur, Latin for”the thing speaks for itself”, is a legal theory wherein the facts and circumstances surrounding an injury allow the Court to presume that negligence has occurred. In an ordinary negligence case, the plaintiff must prove that the defendant owed the plaintiff a duty and that his conduct failed to measure up to that duty. However, under res ipsa loquitur, the defendant’s negligence may be presumed and thus, does need not be proven. The elements of res ipsa loquitur are- (1) the defendant was in exclusive control of the situation or instrument that caused the injury; (2) the injury would not have ordinarily occurred but for the defendant’s negligence;
and (3) the plaintiff’s injury was not due to his Own action or contribution. If these elements are met, the burden shifts to the defendant to show that he was not negligent.
