Res Ipsa Loquitur

What is Res Ipsa Loquitur?

Latin for "the thing speaks for itself." In tort law, a principle that allows plaintiffs to meet their burden of proof with what is, in effect, circumstantial evidence. The plaintiff can create a rebuttable presumption of negligence by the defendant by proving that the harm would not ordinarily have occurred without negligence, that the object that caused the harm was under the defendant’s control, and that there are no other plausible explanations.

Further Reading

For more detailed information, see our related Torts terms:

• Waiver as a Defense
• Breach of Duty
• Respondeat Superior
• Loss of Earning Capacity
• Liability