Res Ipsa Loquitor

Res Ipsa Loquitor

Res Ipsa Loquitur

Latin for ‘the thing speaks for itself.’ The phrase refers to a rule of evidence whereby Negligence of the alleged wrongdoer may be inferred from the mere fact that the accident happened, provided that (1) in the absence of negligence, the accident would not have occurred and (2) the thing that caused the injury is shown to have been under the exclusive control of the alleged wrongdoer. This shifts the burden to the defendant, who is thereby charged with introducing evidence to refute the Presumption of negligence that has been created.