Res Ipsa Loquitur Doctrine in United States

Practical Information

Note: Some of this information was last updated in 1982

The res ipsa loquitur doctrine means that certain occurrences contain within themselves a sufficient basis to infer negligence (in U.S. law). Where the instrument causing the accident was in the exclusive control of the defendant, and the accident is one that would not ordinarily happen without negligence, the facts are sufficient to justify an inference of negligence and to force the defendant to explain it. For example, if a building collapses and injures a man passing by, it may be inferred that the injury is a result of negligence. The injured party is not forced to show at the trial the specific negligent act of the defendant that caused the building to fall. It becomes the duty of the defendant to prove that he or she was not negligent.

(Revised by Ann De Vries)

What is Res Ipsa Loquitur Doctrine?

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