Definition and Nature
Res ipsa loquitur is a Latin phrase meaning "the thing or the transaction speaks for itself". It is a rule of evidence that establishes prima facie evidence of negligence. The doctrine permits an inference or raises a presumption of negligence when the circumstances surrounding an injury warrant it. It is invoked when direct evidence is absent and not readily available. While it establishes prima facie evidence, it is a mode of proof, not a substitute for specific proof of negligence. It is a rule to be cautiously applied.
Requisites for Application
The doctrine of res ipsa loquitur applies when three requisites are met:
- The accident must be of such a character that it would not ordinarily happen if due care had been observed.
- The accident must be caused by an agency or instrumentality within the exclusive management or control of the person charged with negligence.
- The accident must not have been due to any voluntary act or contribution on the part of the injured person.
Procedural Effect in Negligence Cases
In negligence cases, the procedural effect of res ipsa loquitur is that once the requisites are established, the offender's negligence is presumed. This shifts the burden to the offender to explain the incident.
Applicability
The doctrine of res ipsa loquitur applies in negligence cases. Criminal negligence cases, including medical malpractice cases, do not escape the application of this doctrine.