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, will typically create a rebuttable presumption that the defendant was negligent and, by showing that the harm they suffered does not ordinarily occur without negligence. The plaintiff must also show that the object that caused the harm was under the defendant’s control and that there are no other plausible explanations for the accident. In other words, the plaintiff needs to show that the only