Liability in Negligence for Injury to People and Damage to Property: Negligence - Res Ipsa Loquitur

Question 1

What does Res Ipsa Loquitur mean?

Answer 1

• The thing speaks for itself

Question 2

Name a key case for res ipsa loquitur

Answer 2

• Scott v The London and St Katherine Docks Company (1865)

Question 3

What happened in Scott v The London and St Katherine Docks Company (1865)?

Answer 3

• Claimant hit by falling sugar bags from a crane. He was the only witness
• Judge directed the jury to find for the defendant on the grounds that there was not enough evidence
• Claimant appealed and a new trial was ordered
• Claim successful on appeal

Question 4

What does prima facie mean?

Answer 4

• At first sight

Question 5

What is the effect of Res Ipsa Loquitur? What must the defendant then explain?

Answer 5

• To create a prima facie presumption of negligence against the defendant
• The defendant must then explain how the accident could’ve happened without negligence

Question 6

Does Res Ipsa Loquitur change the burden of proof? Explain

Answer 6

• No, the claimant still has to prove the case on the balance of probabilities

Question 7

What does Res Ipsa Loquitur change?

Answer 7

• The evidential burden of proof which is NOT THE SAME as burden of proof

Question 8

When can a claimant use Res Ipsa Loquitur? (3)

Answer 8

• When the thing that caused the damage was under the control of the defendant
• When the cause of the accident is unknown
• When the accident is such that would not normally happen without negligence

Question 9

Give a key case for the ‘under the control of the defendant’ requirement for Res Ipsa Loquitur

Answer 9

• Easson v London and North Eastern Railway Co (1944)

Question 10

What happened in Easson v London and Northern Eastern Railway Co (1944)?

Answer 10

• 4 year old fell through a door in the corridor of a moving train and was injured when he fell onto the railway track
• HELD - CoA held that the door was not under the continuous control of the defendant and could have been opened by another passenger so Res Ipsa Loquitur could not be used

Question 11

If the cause of the accident is unknown, why can’t Res Ipsa Loquitur be used?

Answer 11

• Because the facts no longer ‘speak for themselves’

Question 12

Give a key case for the ‘cause of the accident is unknown’ requirement for Res Ipsa Loquitur

Answer 12

• Barkway v South Wales Transport Co Ltd (1950)

Question 13

What happened in Barkway v South Wales Transport Co Ltd (1950)? What was held?

Answer 13

• Claimants husband was killed when a tyre burst on a bus he was riding, causing the bus to crash. There was evidence that the tyre had been damaged by receiving heavy blows on the outside
• HELD - HoL said Res Ipsa Loquitur could not be used because the facts were sufficiently known

Question 14

Give a key case for the ‘accident would not normally occur without negligence’ requirement for Res Ipsa Loquitur

Answer 14

• Cassidy v Ministry of Health (1951)

Question 15

What happened in Cassidy v Ministry of Health (1951)? What was held?

Answer 15

• Claimant entered hospital for treatment on two stiff fingers
• Due to inadequate post-operative care he was left with four stiff fingers and a useless hand
• Hospital did not attempt to explain how it could have happened without negligence
• HELD - hospital negligent

Question 16

Claimants in negligence proceedings may be helped by what Act? What can it do? Explain

Answer 16

• Civil Evidence Act (1968)
• If a person is convicted of a criminal offence against the claimant and the claimant then brings a civil action on the same facts that led to the conviction, then the criminal conviction is evidence of the defendant’s liability unless he or she can prove otherwise

Question 17

In what circumstance did the Easson case suggest that Res Ipsa Loquitur will not apply?

Answer 17

• If there is any evidence at all that another party could have been at fault, or if there was an intervening act