res ipsa loquitur

Lohitashwa Pratap Singh

The thing itself speaks; or, the thing done, or the transaction, speaks for itself

The basis of this principle is based on that negligence caused the injury, in view of the fact of case. Res ipsa loquitur is a situation where the fact and nature of the injury itself “speaks”, that is, affords proof of negligence. The principle of ‘res ipsa loquitur’ applies in a case where negligence is evident and obvious and does not require the complaint too prove anything as res proves itself. The burden lies upon the respondent to prove he has taken care and performed his duty to repel the charge of negligence. [1]

In common law, res ipsa loquitur is a doctrine that infers negligence from the very nature of an accident or injury,in the absence of direct evidence on how any defendant behaved. Although modern formulations differ by jurisdiction,common law originally stated that the accident must satisfy the necessary elements of negligence, which are duty, breach of duty,causation and injury. In Res Ipsa loquitur, the elements of duty of care, breach, and causation are inferred from an injury that does not ordinarily occur without negligence.

The rule of res ipsa loquitur in reality belongs to the low of torts.Where negligence is in issue, the peculiar circumstances constituting the event or accident,in a particular case,may themselves proclaim in concordant,clear and unambiguous voices the negligence of somebody as the cause of the event or accident. It is to such cases that the maxim res ipsa loquitur may themselves proclaim in concordant, clear and unambiguous voices the negligence of somebody as the cause of the event or accident.

[1] 2010 5SCC 513