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

In civil law, the doctrine of res ipsa loquitur is a rule used to establish negligence in certain cases. The Latin phrase translates to “the thing speaks for itself” and is used in cases where the plaintiff is unable to prove that the defendant was directly negligent. Under this rule, the jury can assume the defendant was negligent based on the circumstantial evidence of the accident. For the doctrine of res ipsa loquitur to apply, three elements must be present. First, the accident must involve an instrumentality that is under the control of the defendant. Second, the accident must be of a type that, under the ordinary course of events, would not have happened if the defendant had not been negligent. Finally, the plaintiff must show that they were not in any way responsible for the accident. In South Carolina, for a successful case, the plaintiff must prove that the defendant was negligent by a preponderance of the evidence. This means that it is more likely than not that the defendant did not exercise a reasonable level of care when dealing with the instrumentality. If the jury agrees that the defendant did not fulfill this requirement, the plaintiff could be awarded damages for any resulting injury or loss.

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