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

The law of res ipsa loquitur is a legal doctrine used in civil litigation in California and other states. It allows a person who has been injured to show that the injury was caused by another person’s negligence without having to prove exactly how it happened. The legal term res ipsa loquitur literally means “the thing speaks for itself.” The concept has been around for hundreds of years and has been used in personal injury cases to prove negligence without having to prove exactly how it occurred. In California, res ipsa loquitur is used when three criteria are met. First, the injury must have been caused by an instrumentality that would not normally cause an injury unless someone was negligent. Second, the defendant must have had exclusive control of the instrumentality that caused the injury. Finally, the plaintiff must have been unable to prove an exact cause of the injury. If a plaintiff can prove these three criteria, the court may assume that the defendant was negligent and order them to pay damages. Of course, the defendant can still refute the charges, but res ipsa loquitur makes it much easier for a plaintiff to prove a case of negligence and collect damages.

Related FAQs

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

Related FAQs

Related Blog Posts