Res ipsa loquitar

Question 1

What is it? and when does it only apply?

Answer 1

• Res ipsa loquitur means the facts speak for themselves.

- Res ipsa loquitur only applies in obvious cases of negligence where the evidence is overwhelmingly in C’s favour.

Question 2

If It applies, what happens to the burden of proof?

Answer 2

-If R.I.L applies, the burden of proof shifts from the C to D to prove he was not negligent, (rather than the C proving he was negligent.)

Question 3

R.I.L applies when..

Answer 3

1. The situation that causes the harm was wholly under D’s control;
2. The accident would not have happened unless someone had been negligent
3. There is no other explanation of the injury caused to C

Question 4

What happens if the 3 requirements are satisfied?

Answer 4

• If the 3 requirements above are satisfied then the burden of proof shifts to D to prove he was not negligent
• Mahon: where medical staff left a swab inside C. It was clear this could only have been caused by the medical staff.
• St Katherine’s Docks: six bags of sugar fell from a crane, and injured C.