Res Ipsa Loquitur

Res ispa loquitur is a legal term that means "the thing itself speaks" but it more frequently translates to "the thing speaks for itself." It indicates that further details are unnecessary because the proof of the case is self-evident. The doctrine of res ipsa 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 frequently used by plaintiffs in negligence cases.

Under the old common law rules, res ipsa loquitur could be used as long as the plaintiff could prove that:

1. The harm would not occur ordinarily without negligence on someone's part
2. The "thing" which caused the injury was under the exclusive control of the defendant at the time of the likely negligent act
3. There is an absence of a reasonable explanation as to how the harm occurred

While the common law rules are good, each state applies its own standards to determine negligence under the doctrine of res ipsa loquitur. Frequently, a dispute will arise over the exclusive control element of the charge. The defendant's exclusivity of control must be to a degree that the likelihood of injury was, more likely than not, the result of the defendant’s negligence. The likelihood of other possibilities do not need to be eliminated altogether, but they must be reduced to the point that it is easy to see that the greater probability lies with the defendant.

The "exclusive control" element has been relaxed in modern cases. In modern cases, the plaintiff must prove that other responsible causes, including the conduct of the plaintiff and third persons, are sufficiently eliminated by the evidence. The third element is subsumed by the new formula.

Contact a Chicago Personal Injury Lawyer

If you have been injured by someone's negligence, contact the Chicago personal injury lawyers of Friedman & Bonebrake at 312-466-8200 today.