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

Res ipsa loquitur is a civil law doctrine recognized in North Carolina which stands for “the thing speaks for itself.” It is a legal rule that states that an inference of negligence may be made if the accident is of a type that does not typically occur in the absence of someone’s negligence. The doctrine of res ipsa loquitur is used in civil law cases when a plaintiff is trying to prove the defendant’s negligence. To use res ipsa loquitur, the plaintiff must show that the type of accident is rare or unlikely to occur in the absence of a defendant’s negligence. The plaintiff must also show that the defendant had exclusive control of the situation and actions leading up to the incident. For example, in medical malpractice cases, if a patient has a bad outcome from a surgery that is not normally expected with a successful operation, the plaintiff can use the doctrine of res ipsa loquitur to prove that the doctor or medical facility was negligent. In North Carolina, evidence of res ipsa loquitur can be used to create an inference of negligence on the part of the defendant. However, the defendant may still be able to show that, despite the inference, there was no negligence on their part. Furthermore, res ipsa loquitur does not create a presumption of the defendant’s negligence; the plaintiff must still prove their case with other evidence.

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

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