{"id":4068,"date":"2019-03-29T14:24:42","date_gmt":"2019-03-29T21:24:42","guid":{"rendered":"https:\/\/www.jacksonwhitelaw.com\/az-personal-injury\/?p=4068"},"modified":"2022-09-26T16:09:52","modified_gmt":"2022-09-26T23:09:52","slug":"res-ipsa-loquitur","status":"publish","type":"post","link":"https:\/\/www.jacksonwhitelaw.com\/az-personal-injury\/blog\/res-ipsa-loquitur\/","title":{"rendered":"What is Res Ipsa Loquitur?"},"content":{"rendered":"

Introduction<\/h2>\n

You\u2019ve been the victim of someone else\u2019s mistake. Whether or not your resulting problems are minor or severe, you shouldn\u2019t have to deal with them alone. In some situations, the evidence of who\u2019s at fault in a legal matter is quite obvious. This is where res ipsa loquitur comes into play.<\/p>\n

Res ipsa loquitur means \u201cIt speaks for itself,\u201d or \u201cThe thing speaks for itself.\u201d In personal injury law, this Latin phrase functions as an evidentiary<\/a> rule. In other words, it allows you to use circumstantial evidence to show that the accused should be responsible for your injuries. The doctrine of res ipsa loquitur shifts the burden of proof from the plaintiff to the defendant.<\/p>\n

The Origins of Res Ipsa Loquitur<\/h4>\n

This concept originated from a case where a plaintiff was walking by a warehouse and a barrel of flour fell onto them, causing an injury. The victim\u2019s attorney demonstrated that the warehouse was negligent and that the situation itself pointed to that. It\u2019s common knowledge that barrels typically don\u2019t fall on their own and that a person would\u2019ve had to make a mistake for that to occur.<\/p>\n

Since this case, the doctrine has allowed juries and judges to use common sense while looking at a situation. For rep ipsa loquitur to apply, it will usually be obvious that the defendant was negligent and that their negligence is what led to the injury<\/a>.<\/p>\n

In Which Situations Would Res Ipsa Apply?<\/h4>\n

To win your personal injury claim, you\u2019ll have to be specific about your situation. You\u2019ll have to identify the specific person involved and what duty they failed to fulfill. You must explain exactly what they failed to do and why it led to you getting hurt. During your case, you should prove:<\/p>\n