Definitions for res ipsa loquitur
This page provides all possible meanings and translations of the word res ipsa loquitur
res ipsa loquitur(noun)
a rule of evidence whereby the negligence of an alleged wrongdoer can be inferred from the fact that the accident happened
Res ipsa loquitur
In the common law of negligence, the doctrine of res ipsa loquitur states that the elements of duty of care and breach can be sometimes inferred from the very nature of an accident or other outcome, even without direct evidence of how any defendant behaved. Although modern formulations differ by jurisdiction, the common law originally stated that the accident must satisfy the following conditions: ⁕A "duty" exists for a person to act "reasonably"; and ⁕A "breach" of this duty occurs because a person [or agency, etc.] acted outside this duty, or "unreasonably"; and ⁕There was "causation in fact"...the result would not have occurred "but for" the "breach" of this duty; ⁕There was actual legally recognizable harm suffered by the plaintiff who did nothing wrong. Upon a proof of res ipsa loquitur, the plaintiff need only establish the remaining two elements of negligence—namely, that the plaintiff suffered harm, of which the incident result was the legal cause.
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"res ipsa loquitur." Definitions.net. STANDS4 LLC, 2014. Web. 21 Oct. 2014. <http://www.definitions.net/definition/res ipsa loquitur>.