What is the law of res ipsa loquitur in civil litigation?
Res ipsa loquitur is a Latin phrase that translates to “the thing speaks for itself” and is a legal doctrine used in civil litigation. In civil litigation cases, the law of res ipsa loquitur is used to infer that a defendant was negligent in a certain situation without the plaintiff having to prove it. This doctrine is most often used when a plaintiff cannot provide evidence that the defendant was at fault but can provide circumstantial evidence that the defendant was negligent. The plaintiff must prove two elements in order for the doctrine to be applicable. First, they must show that the injury or harm in question would not have occurred unless the defendant had been negligent. Second, they must show that the instrument which caused the injury was in the exclusive control of the defendant. In civil litigation cases in Washington, the doctrine of res ipsa loquitur is important since it allows a plaintiff to present circumstantial evidence to prove the negligence of a defendant. This doctrine is a necessary tool for those who may not be able to provide direct evidence of fault, thus allowing them to have their day in court.
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