What is the effect of res ipsa loquitur on a case?

Res ipsa loquitur lets the court infer negligence where no other explanation appears. The defendant must then offer an explanation consistent with reasonable care.

Does res ipsa loquitur reverse the burden of proof?

The legal burden of proof stays on the claimant throughout the case. Res ipsa loquitur raises only an inference that the defendant has to answer with evidence.

Give a modern situation in which res ipsa loquitur might apply.

A surgical swab left inside a patient after an operation invites an inference of negligence. Nobody outside the operating team had control over the swab.

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Tort: Defences and RemediesTort

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Tort: Negligence

Proving breach and res ipsa loquitur

3 things to know
Components 2 and 3

Overview

The three conditions for letting the accident speak for itself, what the maxim actually does to the burden of proof, and the statutory shortcuts in section 11 of the Civil Evidence Act 1968.

What you need to know

Answer each one before you reveal it.

Your recallNot started

Key term

What does res ipsa loquitur mean?

Key term

State the three conditions for res ipsa loquitur.

Key term

What were the facts of Scott v London and St Katherine Docks Co (1865)?

Questions from this subtopic

Each one with the model answer underneath.

1
What does res ipsa loquitur mean?
Model answer
Res ipsa loquitur means the thing speaks for itself. The maxim lets a court infer negligence from the way an accident happened.
2
State the three conditions for res ipsa loquitur.
Model answer
The thing causing the damage must have been under the defendant's control. The accident must be one that does not ordinarily happen without negligence. There must also be no other explanation of how the accident occurred.
3
What were the facts of Scott v London and St Katherine Docks Co (1865)?
Model answer
Six bags of sugar fell from a warehouse onto a customs officer passing below. The court held that such an accident does not happen without negligence, so an inference of negligence arose.
4
What is the effect of res ipsa loquitur on a case?
Model answer
Res ipsa loquitur lets the court infer negligence where no other explanation appears. The defendant must then offer an explanation consistent with reasonable care.
5
Does res ipsa loquitur reverse the burden of proof?
Model answer
The legal burden of proof stays on the claimant throughout the case. Res ipsa loquitur raises only an inference that the defendant has to answer with evidence.
6
Give a modern situation in which res ipsa loquitur might apply.
Model answer
A surgical swab left inside a patient after an operation invites an inference of negligence. Nobody outside the operating team had control over the swab.

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