Res Ipsa Loquitur

TANMOY MUKHERJI INSTITUTE OF JURIDICAL SCIENCE

Dr. Tanmoy Mukherji

Advocate

Res Ipsa Loquitur-

Tanmoy Mukherji

Advocate

Res ipsa loquitur means "the thing speaks for itself".

Purpose-

This doctrine allows the court to presume negligence even when there is no direct evidence of the defendant's wrongful act.

Essentials-

To apply Res Ipsa Loquitur the following conditions must be satisfied-

1. The accident is of a kind that ordinarily does not occur without negligence-

Example- A barrel or heavy object falling from a warehouse.

2. The instrumentality was under the defendant's exclusive control-

Example- Hospital equipment, a building, a vehicle etc.

3. The accident was not caused by any voluntary act or contribution of the plaintiff, the plaintiff was innocent.

Effect of Doctrine-

Normally the plaintiff must prove negligence under this doctrine the defendant must explain that the accident occurred without negligence.

If the defendant fails he is held liable.

Reference Case's-

Incident-

-A Surgical instrument is left inside a Patient by a doctor.

-Clearly does not occur without negligence.

-Doctor must explain his negligence.

When the doctrine does not apply-

→If the cause of the accident is known.

→If the plaintiff contributed to the injury.

→If the defendant does not have exclusive Control.

→If the event can occur without negligence.