What is res ipsa loquitur and what does it do ?

http://www.nolo.com/definition.cfm/Term/2CA3A650-0D24-4BBA-B032719BC57A93F3/alpha/R/

the defendant assumes the burden of proof

Res ipsa loquitur is a Latin phrase that translates to "the thing speaks for itself." It is a legal principle that allows a court to infer negligence from the mere occurrence of an accident or injury, without direct evidence of how the defendant acted.

To understand the concept of res ipsa loquitur, we can break it down into its elements:

1. Accident or injury: The first requirement is that there must be an accident or injury that occurred.
2. Control: The defendant must have had control over the potentially negligent act or instrumentality that caused the accident.
3. Exclusivity: The accident or injury must have been caused solely by the negligence of the defendant and no one else.
4. Common knowledge: The event must be of a type that typically does not occur without negligence.

When these elements are present, res ipsa loquitur allows a court to shift the burden of proof to the defendant, who must then provide a plausible explanation for the accident or injury. If the defendant fails to do so, negligence may be inferred.

It's important to note that res ipsa loquitur is not a standalone cause of action or a guaranteed legal defense. It is a evidentiary rule used by courts to support an inference of negligence, based on the circumstances of the case.