Res ipsa loquitur and negligence per se are both variations on traditional negligence claims. The two theories are useful in specific types of cases and are methods a plaintiff can use to help prove that a defendant was negligent.
Res Ipsa Loquitur
In negligence lawsuits, the plaintiff has the burden of proving that the defendant breached a duty of care owed to them. Res ipsa loquitur is a method plaintiffs may use to meet their burden of proof in cases with a specific types of facts. The phrase res ipsa loquitur means “the thing speaks for itself.”
Res ipsa loquitur allows a plaintiff to use circumstantial evidence to prove the defendant’s negligence. A plaintiff who successfully uses the doctrine of res ipsa loquitur with the help of their personal injury lawyer like the lawyers you will find at Eglet Adams