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 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 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 In Arizona, just because you were in an accident doesn\u2019t mean that it was the defendant\u2019s responsibility. It\u2019s not enough to state that you suffered injuries, that the accident involved the defendant, and that it\u2019s their fault. It\u2019s up to you to show why the accused should owe you something for your injuries.<\/p>\n Under the concept of res ipsa, you (as the plaintiff) must show that the event wouldn\u2019t normally happen unless someone was negligent. The evidence you present should rule out that you yourself or a third party caused the accident. And you must demonstrate that the particular type of negligence was within the accused\u2019s duty to you, as the injured person.<\/p>\n How can you know if this concept will apply to your situation? An example of res ipsa loquitur would be medical malpractice (like going to get surgery done and ending up with a glove or pair of scissors left in your body). Walking by a construction site and being injured by falling debris could be another example. Buying a can of soup and finding a mouse inside could also qualify as a res ipsa loquitur case.<\/p>\n While direct evidence of a person\u2019s negligence doesn\u2019t always exist, you may use circumstantial evidence to show that they acted negligently. Circumstantial evidence uses facts to show that negligence is the logical conclusion of the situation.\u00a0<\/span><\/p>\n For example, you clearly consented to a specific medical operation and the doctor performed the wrong one. Showing that this happened may allow the jury or judge to infer negligence based on the situation itself.<\/p>\n The plaintiff must show that the defendant owed them a duty of care and didn\u2019t fulfill it, which led to their injury. If the accident is outside of the defendant\u2019s set of duties, or they don\u2019t have a duty at all, the accused most likely isn\u2019t liable for the injuries.<\/p>\n If you were trespassing in someone\u2019s yard and got hurt, the owner of the yard wouldn\u2019t be liable. In such a situation, it would be outside of the scope of the landowner\u2019s duty to protect trespassers who come onto the land. The injury would then be the sole responsibility of the person trespassing.<\/p>\n Another component of res ipsa loquitur is whether or not the defendant was solely responsible for the accident. The legal system will likely examine whether the responsibility did, in fact, lie in the hands of the accused. In the case of a surgeon leaving an item in the patient\u2019s body, it\u2019s pretty clear that the hospital is at fault and was in control of this occurrence.<\/p>\n In other situations, it may not be so obvious who\u2019s at fault. For instance, a victim suffering injuries while walking by a construction site after not having noticed warning signs nearby. In such an event, res ipsa loquitur probably wouldn\u2019t apply.<\/p>\n Negligence<\/a> is defined as a failure to act with the care that a person would expect someone to act with, given the circumstances. It may consist of failing to fulfill a duty or taking specific actions that led to someone getting harmed. But not all accidents are the result of negligent acts.<\/p>\n It\u2019s important to work with a personal injury attorney<\/a> to determine the evidence to see if your injury was the result of negligence and whether res ipsa loquitur applies or not. Get in touch with a negligence lawyer today and find out.\u00a0<\/span><\/p>\nThe Origins of Res Ipsa Loquitur<\/h4>\n
In Which Situations Would Res Ipsa Apply?<\/h4>\n
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Res Ipsa Loquitur- The Elements<\/h4>\n
Examples of Res Ipsa Loquitur<\/h4>\n
Res Ipsa and Circumstantial Evidence<\/h4>\n
Duty of Care<\/h4>\n
Exclusive Control<\/h4>\n
Was It Negligence, or Just an Accident?<\/h4>\n