What is the doctrine of res ipsa loquitur in civil law?

The doctrine of res ipsa loquitur is an important legal concept in civil law in the state of Michigan. This Latin phrase translates to “the thing speaks for itself.” The doctrine allows for the inference of negligence in certain cases where there is no direct proof or evidence of negligence, if it can be logically inferred. For example, in a medical malpractice case, it may be difficult to prove exactly what happened during a procedure, but if the patient has a result that is not expected, the doctrine of res ipsa loquitur applies. It suggests that since the result was not expected, something must have gone wrong with the procedure and the doctor is likely negligent. The doctrine of res ipsa loquitur is also applicable in slip-and-fall accidents and other cases where there is an issue of negligence. In these cases, if the plaintiff can prove that the defendant had exclusive control over the area and that the injury was not likely to have occurred without negligence, the doctrine may be applicable. The Michigan courts allow for the inference of negligence in these cases, requiring the defendant to explain what they did or did not do which led to the accident. If the defendant cannot explain their actions, the doctrine of res ipsa loquitur may be used to infer negligence.

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What is the doctrine of res ipsa loquitur in civil law?

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