#42 · 2026-09-17 · Legal term
Res ipsa loquitur
Res ipsa loquitur allows circumstantial proof to support an inference of negligence. The unusual event, the shop's control, and the absence of customer contribution support the traditional formulation without making liability automatic.
Rule to remember
Res ipsa loquitur allows negligence to be inferred from an event that ordinarily requires negligence when the circumstances sufficiently connect it to the defendant.
Key elements and checks
- An event ordinarily not occurring without negligence.
- Responsible causes sufficiently linked to the defendant, traditionally through exclusive control.
- No responsible voluntary contribution by the plaintiff under the traditional test.
In the source’s words
“the thing speaks for itself”
Cornell Wex — Res ipsa loquitur
Its procedural effect varies: an inference is not necessarily a conclusive finding or a shifted ultimate burden.