What is Res Ipsa Loquitur?
If you suffer an injury through no fault of your own, a personal injury lawsuit may be the vehicle you need to pursue the compensation you deserve. Typically, recovering damages for personal injury relies on proving that the defendant was at fault. However, if your injuries were due to circumstances beyond your control, you may have the option to pursue damages based on res ipsa loquitur.
What Does Res Ipsa Loquitur Mean?
Res ipsa loquitur is a Latin phrase meaning “the thing speaks for itself.” From a legal standpoint, it means that the at-fault party in an injury claim may be deemed negligent simply because the accident occurred. The doctrine essentially allows circumstantial evidence as proof of negligence when there is no other way the injury could have happened.
This type of claim often arises in injury cases where the patient had no control over the situation that led to their injury. For instance, a judge or jury could reasonably infer that if a patient suffered an internal injury during a surgical procedure, it must have been due to the surgeon’s negligence. The burden of proof then falls on the surgeon to prove that their actions were not negligent.
Res ipsa loquitur may also apply in product defect claims, where multiple parties may have contributed to the plaintiff’s injuries.
Presumption of Negligence
The doctrine of res ipsa loquitur is based on the presumption of negligence. To apply res ipsa loquitur, the plaintiff must show the following:
- The defendant was the only party in control of the injury’s cause.
- The plaintiff did not play any contributing role in the incident that caused their injury.
- It is reasonable to assume the incident could not have occurred without negligence.
- There are no plausible explanations other than negligence.
Under those stipulations, proving a case using res ipsa loquitur often seems to be simply a matter of applying common sense. Common sense should dictate that the injury could not have occurred without the defendant’s negligence, nor could there be any other tenable explanation.
How Res Ipsa Loquitur Applies to Personal Injury Cases
In personal injury cases, establishing the at-fault party’s negligence relies on the following tenets:
- The responsible party, or defendant, had a duty of care to the injured party, or plaintiff.
- The defendant failed to meet that duty of care.
- That failure led to the plaintiff’s injuries.
- The plaintiff suffered losses because of their injuries.
In a typical personal injury lawsuit, such as a car accident claim, the injured party bears the burden of proof. The plaintiff must prove that the defendant’s negligent actions caused their injuries. Since many injury claims involve some fault on the part of both parties, the plaintiff may be held partly responsible.
In cases that qualify under res ipsa loquitur, however, there is no way the plaintiff could have been responsible for their injuries. Additionally, the simple fact that the injury occurred at all is sufficient to indicate negligence on the part of the defendant. This shifts the burden of proof to the defendant, who must prove their injurious actions did not constitute negligence.
How Negligence and Fault Determination Apply to Res Ipsa Loquitur
Negligence laws vary widely between states and jurisdictions. Many states have comparative negligence laws that can significantly reduce or eliminate a plaintiff’s injury settlement.
States with pure comparative fault laws allow the plaintiff to recover compensation based on the defendant’s percentage responsibility for the accident. For instance, if the defendant is 5% responsible for the plaintiff’s injuries, the plaintiff can recover damages for 5% of their economic and non-economic losses.
For states with modified comparative fault, the law requires the plaintiff to prove that the defendant was responsible for 50% or more of the plaintiff’s injuries. In some cases, any responsibility on the plaintiff’s part may prevent them from collecting reimbursement.
Examples of Res Ipsa Loquitur in Personal Injury Claims
Res ipsa loquitur can apply to a wide range of personal injury claims, including instances where:
- A surgeon leaves a surgical sponge inside a patient after surgery.
- A doctor performs a surgical procedure on the wrong body part.
- A doctor provides treatment to the wrong patient.
- A car component fails due to a manufacturer defect, causing an accident.
- A heavy object falls from a tall building, injuring someone below.
Imagine a scenario like this:
You are walking down the street while someone is moving a piano through an upper-story window. The piano slips and falls, injuring you. In this circumstance, you could file a personal injury claim under res ipsa loquitur. Common sense dictates that negligence on the part of the movers must have caused this accident.
Perhaps they did not use appropriate scaffolding or equipment to ensure a safe move. Maybe they failed to post warning signs or caution tape to keep individuals out of the danger zone.
Whatever the manifestation of their negligence, it is entirely implausible to assume you could have been injured by a falling piano by merely walking down the street.
Applying Res Ipsa Loquitur to Your Personal Injury Claim
Remember, you can understand the most important aspects of res ipsa loquitur by considering the nature of plausibility and applying some common sense. When res ipsa loquitur establishes fault at the outset, you, as the plaintiff, only need to prove damages — the extent and associated costs of your injuries. The burden then falls to the defendant to disprove their negligence. Res ipsa loquitur is a critical tool to have at your disposal when seeking to recover medical costs, lost income, and other damages after any injury due to negligence.
