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

In civil litigation in Texas, the law of res ipsa loquitur is a legal doctrine that often applies to negligence claims. It essentially shifts the burden of proof from the plaintiff, who is bringing the lawsuit, to the defendant who is being sued. The doctrine means “the thing speaks for itself,” and it implies that some kind of negligence must have happened, even if it’s not clear who is at fault. In a negligence claim, the plaintiff must present evidence that the defendant had a duty of care, breached that duty of care, and caused the plaintiff harm. Res ipsa loquitur eliminates the need for the plaintiff to present evidence of the breach of duty, and instead shifts the burden of proof to the defendant. The plaintiff must still show that the defendant was in some way connected to the incident, but if the court agrees that the doctrine applies, the burden then shifts to the defendant. The court will consider the facts of the case in order to determine whether res ipsa loquitur applies. It must consider whether the incident was one that could not have happened without someone’s negligence, and whether the defendant was in possession or control of the instrument of harm during the incident. If all of these factors are found to be true, the court will likely find that res ipsa loquitur applies and the defendant must prove their innocence.

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

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