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

The doctrine of res ipsa loquitur is a legal principle used in the law of civil negligence, particularly in the state of Texas. It is Latin for “the thing speaks for itself” and is used to prove that a defendant is liable for damages because of their negligence. In civil negligence cases, the plaintiff must usually prove both that the defendant was negligent and that the defendant’s negligence caused the injury or damage for which the plaintiff is seeking damages. Res ipsa loquitur allows the plaintiff to prove negligence without having to present evidence of the cause of the injury or damage specifically. To invoke res ipsa loquitur, the plaintiff must show that the injury or damage was caused by an agency or instrumentality exclusively in the defendant’s control, and that it was not due to the plaintiff’s own negligence. This is typically accomplished by presenting evidence that the injury or damage would not normally occur without negligence, and that the defendant had exclusive control over the instrumentality or agency that caused the injury or damage. Once the plaintiff has shown that the defendant had exclusive control of the instrumentality or agency that caused the injury or damage, then the jury is allowed to infer (but not conclude) that the defendant was negligent. This means that the plaintiff does not have to prove the defendant’s negligence with direct evidence, but can instead rely on the argument that the injury or damage would not have occurred without negligence.

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

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