What does res ipsa loquitur and what does it do?

"Res ipsa loquitur" is a Latin phrase commonly used in legal contexts. In English, it translates to "the thing speaks for itself." It is a legal doctrine that allows a presumption of negligence when an injury or accident occurs, and the facts surrounding the incident are such that it wouldn't normally happen without someone's negligence.

The doctrine of res ipsa loquitur can be applied when three elements are established:
1. The event must be of a kind that ordinarily does not occur in the absence of negligence.
2. The evidence must be under the control of the defendant.
3. The plaintiff must have no contribution to the negligence.

To understand the concept better, let's consider an example. Imagine you are walking down the street, and suddenly, an object falls from a window and hits you on the head. In such a case, if the object fell from the window of a building owned by someone, res ipsa loquitur could be invoked. This is because the incident of falling objects from windows would not typically happen without negligence, and the owner of the building, who has control over the premises, may be presumed negligent.

It is important to note that res ipsa loquitur is not an automatic rule of liability, but rather a legal principle that allows a plaintiff to establish a prima facie case of negligence. The defendant can still present evidence to rebut the presumption of negligence or prove that the plaintiff's own actions contributed to the incident.