Res Ipsa Loquitur

Question 1

What is Res Ipsa Loquitur?

Answer 1

‘The things speaks for itself’
The burden of proof shifts to the defendant to prove that they are not negligent

Question 2

Why is Res Ipsa Loquitur used?

Answer 2

When the claimant doesn’t know what happened, though it is obvious that the defendant was negligent

Question 3

What needs to be proved for Res Ipsa Loquitur to be applied?

Answer 3

• Defendant is in control
• Accident wouldn’t of happened without negligence
• There is no other explanation to injury

Question 4

What happened in Scott v London and St. Katherine Docks?

Answer 4

The claimant was hit and sustained injuries from two heavy bags off sugar, falling from the defendant’s warehouse. The claimant did not know how the bags fell, but only they were hit by the bags.

It was held that the defendant was liable as they couldn’t prove they had not been negligent