res ipsa loquitur

English

Etymology

Unadapted borrowing from Latin rēs ipsa loquitur (“the thing speaks for itself”, literally “the thing itself speaks”).

Phrase

res ipsa loquitur

Examples (tort law principle)
A underwent a surgery in a hospital. After the surgery, A’s symptoms worsened. A asserts that the hospital is negligent but cannot prove how the surgery made A’s symptoms worse. By invoking res ipsa loquitur, A need not to prove the duty of care, breach of duty of care and causation. The burden of proof is then shifted to the hospital, which must prove that they did not act negligently.

1. The import of a thing or situation is obvious.

   Synonyms: clear cut, cut and dried, open and shut, open and shut case

2. (tort law) A maxim where the very improbable facts of an accident imply the negligence of the defendant. It effectively shifts the burden of proof to the defendant.

   Coordinate term: prima facie

   • 2004, Nurse's Legal Handbook, Lippincott Williams & Wilkins, →ISBN, page 160:

     The court in that case established three criteria that must be shown for res ipsa loquitur to apply: The injury must be the kind that ordinarily doesn't occur in the absence of some type of negligence.

   • 2005, Vivienne Harpwood, Modern Tort Law, 6th edition, Psychology Press, →ISBN, page 153:

     Res ipsa loquitur was frequently applied in cases involving foreign bodies in foodstuffs.

Translations

maxim where improbable facts imply negligence

• Spanish: la cosa habla por sí misma
• Swedish: saken talar för sig själv

Latin

Alternative forms

• rēs loquitur ipsa

Etymology

From rēs (“thing”) + ipsa (“herself”), the feminine of ipse (“himself”) because rēs is a feminine word + loquitur (“she speaks”) the third-person form of loquor (“I speak”). Literally, “the thing itself speaks” or “the matter itself speaks”.

Phrase

rēs ipsa loquitur

1. the thing speaks for itself