What does the legal principle res ipsa loquitur express?

What does the legal principle res ipsa loquitur express?

• A. Res ipsa locquitur
• B. Res ipsa loquitur
• C. Prima facie evidence
• D. Stare decisis

Answer: (B)

Res ipsa loquitur means “the thing speaks for itself.” It describes a situation where negligence can be inferred from the very fact of an injury or event, even without direct evidence of how the defendant acted, under tight conditions: the incident would not ordinarily occur without negligence, the instrumentality or cause of the injury was under the defendant’s exclusive control, and the injury was not caused by the plaintiff. When these conditions are met, the burden shifts to the defendant to prove there was no negligence or to provide a non-negligent explanation. A classic example is a surgical instrument left inside a patient after an operation, which almost always indicates negligent handling. Other terms mentioned describe different legal ideas—prima facie evidence refers to initial evidence strong enough to prove a point unless rebutted, and stare decisis is the doctrine of following precedent. The misspelled option is simply incorrect spelling and does not carry the legal meaning.

Res ipsa loquitur means “the thing speaks for itself.” It describes a situation where negligence can be inferred from the very fact of an injury or event, even without direct evidence of how the defendant acted, under tight conditions: the incident would not ordinarily occur without negligence, the instrumentality or cause of the injury was under the defendant’s exclusive control, and the injury was not caused by the plaintiff. When these conditions are met, the burden shifts to the defendant to prove there was no negligence or to provide a non-negligent explanation. A classic example is a surgical instrument left inside a patient after an operation, which almost always indicates negligent handling. Other terms mentioned describe different legal ideas—prima facie evidence refers to initial evidence strong enough to prove a point unless rebutted, and stare decisis is the doctrine of following precedent. The misspelled option is simply incorrect spelling and does not carry the legal meaning.