res ipsa loquitur
(Latin) the thing speaks for itself (damage claim that transfers the burden of proof onto the recklessness or negligence)
Res ipsa loquitur
Res ipsa loquitur is a legal term from the
Latin meaning literally, "The thing itself speaks" but is more often translated "The thing speaks for itself". It signifies that further details are unnecessary; the proof of the case is self-evident. The doctrine is applied to
tort claims which, as a matter of
law, do not have to be explained beyond the point where liability is established. It is most useful to
plaintiffs in certain
negligence cases. It was first formulated in the case Byrne v. Boadle (1863), in
England.
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res ipsa loquitur
Noun
1. a rule of evidence whereby the negligence of an alleged wrongdoer can be inferred from the fact that the accident happened
(hypernym) rule of evidence
Res ipsa loquitur
Latin for the thing speaks for itself. Generally, in tort, the mere fact of an accident is not proof of negligence. But in some cases, negligence is presumed on the defendant since the object causing injury was in his or her control. This is the res ipsa loquitur doctrine. - (
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Res Ipsa Loquitur
The thing speaks for itself
An event that has occurred which, if the subject of litigation, would not require an onus of proof by the plaintiff because of the obvious negligence of the defendant