Tort law
Part of the common law series
Negligence
Duty of care  · Standard of care
Proximate cause  · Res ipsa loquitur
Calculus of negligence  · Eggshell skull
Negligent emotional distress
Rescue doctrine  · Duty to rescue
Statutory Torts
Product liability  · Ultrahazardous activity
Trespassers  · Licensees  · Invitees
Attractive nuisance
Nuisance
Public nuisance  · Rylands v. Fletcher
Property torts
Trespass  · Conversion
Detinue  · Replevin  · Trover
Intentional torts
Assault  · Battery  · False imprisonment
Intentional emotional distress
Consent  · Necessity  · Self defense
Dignitary torts
Defamation  · Invasion of privacy
Breach of confidence  · Abuse of process
Malicious prosecution
Economic torts
Fraud  · Tortious interference
Conspiracy  · Restraint of trade
Liability, Defenses, Remedies
Vicarious liability
Volenti non fit injuria  · Contribution
Ex turpi causa non oritur actio
Damages  · Injunction
Common law
Contract law  · Property law
Wills and trusts
Criminal law  · Evidence

Res ipsa loquitur is a legal term from the Latin meaning literally, "The thing itself speaks" but is more often translated "The thing speaks for itself". The doctrine is applied to tort claims which, as a matter of law, do not have to be explained beyond the obvious facts. It is most useful to plaintiffs in certain negligence cases. Image File history File links Scale_of_justice. ... Tort is a legal term that means a civil wrong, as opposed to a criminal wrong, that is recognized by law as grounds for a lawsuit. ... This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ... Negligence is a legal concept usually used to achieve compensation for accidents and injuries. ... In law, a duty of care is the legal requirement that a person exercise a reasonable standard of care to prevent injury of others. ... In tort law, the standard of care is the degree of prudence and caution required of an individual who is under a duty of care. ... In the law, a proximate cause is an event sufficiently related to a legally recognizable injury to be held the cause of that injury. ... In the United States, the calculus of negligence or learned hand rule is a term coined by Judge Learned Hand and describes a process for determining whether a legal duty of care has been breached (see negligence). ... The eggshell skull rule (or thin-skull rule) is a legal doctrine used in both tort law and criminal law that holds an individual liable for all consequences resulting from their activities leading to an injury to another person, even if the victim suffers unusual damages due to a pre... The tort of negligent infliction of emotional distress (NIED) is a controversial legal theory and is not accepted in many United States jurisdictions. ... The rescue doctrine of the law of torts holds that, where a tortfeasor creates a circumstance that places the tort victim in danger, the tortfeasor is liable not only for the harm caused to the victim, but also the harm caused to any person injured in an effort to rescue... A duty to rescue is a concept in the law of torts that arises in a narrow number of cases, describing a circumstance in which a party can be held liable for failing to come to the rescue of another party in peril. ... Product liability encompasses a number of legal claims that allow an injured party to recover financial compensation from the manufacturer or seller of a product. ... An ultrahazardous activity in the common law of torts is one that is so inherently dangerous that a person engaged in such an activity can be held strictly liable for injuries caused to another person, even if the person engaged in the activity took every reasonable precaution to prevent others... In the law of torts, property, and criminal law a trespasser is a person who is trespassing on a property, that is, without the permission of the owner. ... A licensee is a term used in the law of torts to describe a person who is on the property of another, despite the fact that the property is not open to the general public, because the owner of the property has allowed the licensee to enter. ... An invitee is a term used in the law of torts to describe a person who is on the property of another because that property owner has chosen to hold the property open to some portion of the general public, because the owner of the property has allowed the licensee... Under the attractive nuisance doctrine of the law of torts, a landowner may be held liable for injuries to children trespassing on the land if the injury is caused by a hazardous object or condition on the land that is likely to attract children, who are unable to appreciate the... Nuisance is a common law tort. ... Nuisance is a common law tort. ... Rylands v. ... A sign warning against trespassing // In law, trespass can be: the criminal act of going into somebody elses land or property without permission of the owner or lessee; it is also a civil law tort that may be a valid cause of action to seek judicial relief and possibly... In law, conversion is a tort that deals with the wrongful interference with goods. ... In tort law, detinue is an action for the wrongful detention of goods from an individual who has a greater right to immediate possession than the current possessor. ... Replevin is an Anglo-French law term (derived from repletir, to replevy). ... Trover signifies finding. ... An intentional tort is a category of torts that describes a civil wrong resulting from an intentional act on the part of the tortfeasor. ... At common law, battery is the tort of intentionally (or in Australia negligently) and voluntarily touching another person without lawful excuse or justification. ... False imprisonment is a tort, and possibly a crime, wherein a person is intentionally confined without legal authority. ... Intentional infliction of emotional distress (IIED) is a common law tort claim for intentional conduct that results in extreme emotional distress. ... Consent (as a term of jurisprudence) is a possible justification against civil or criminal liability. ... In tort law, the defense of necessity is divided between private necessity (where a person commits a tort for the defense of his own property) and public necessity (where a person commits a tort for the public good, such as cutting down someone elses trees to stop the spread... This article and defense of property deal with the legal concept of excused (sometimes termed justified) acts that might otherwise be illegal. ... In English and American law, and systems based on them, libel and slander are two forms of defamation (or defamation of character), which is the tort or delict of making a false statement of fact that injures someones reputation. ... Invasion of privacy is a legal term essentially defined as a violation of the right to be left alone. ... The tort of breach of confidence, is a common law tort that protects private information that is conveyed in confidence. ... Abuse of process is a common law intentional tort. ... Malicious prosecution is a common law intentional tort. ... Economic torts are torts that provide the common law rules on liability for the infliction of pure economic loss, such as interference with economic or business relationships. ... Tortious interference, in the common law of tort, occurs when a person intentionally damages the plaintiffs contractual or other business relationships. ... In the law of tort, the legal elements necessary to establish a civil conspiracy are substantially the same as for establishing a criminal conspiracy, i. ... At present, the law will not enforce certain types of contracts on the ground of illegality. ... Vicarious liability is a form of strict, secondary liability that arises under the common law doctrine of agency – respondeat superior – the responsibility of the superior for the acts of their subordinate, or, in a broader sense, the responsibility of any third party that had the right, ability or duty to... Volenti non fit injuria is a Latin expression meaning to a willing person, no injury is done. The principle is that someone who knowingly and willingly puts himself in a dangerous situation will be legally disentitled to sue for his or her resulting injuries. ... Contributory negligence is a common law defence to a claim or action in tort. ... If you commit a crime, you cannot sue for damages that you experience while committing the crime ... In law, damages refers to the money paid or awarded to a claimant (as it is known in the UK) or plaintiff (in the US) following their successful claim in a civil action. ... Look up Injunction in Wiktionary, the free dictionary. ... This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ... A contract is a legally binding exchange of promises or agreement between parties that the law will enforce. ... This article or section does not cite any references or sources. ... This does not adequately cite its references or sources. ... The law of trusts and estates is generally considered the body of law which governs the management of personal affairs and the disposition of property of an individual in anticipation and the event of such persons incapacity or death, also known as the law of successions in civil law. ... Criminal law (also known as penal law) is the body of statutory and common law that deals with crime and the legal punishment of criminal offenses. ... The law of evidence governs the use of testimony (e. ... This is a list of legal terms, often from Latin: A mensa et thoro A mensa et thoro, from bed and board. ... Latin is an ancient Indo-European language originally spoken in Latium, the region immediately surrounding Rome. ... Tort is a legal term that means a civil wrong, as opposed to a criminal wrong, that is recognized by law as grounds for a lawsuit. ... Lady Justice or Justitia is a personification of the moral force that underlies the legal system (particularly in Western art). ... A plaintiff, also known as a claimant or complainer, is the party who initiates a lawsuit (also known as an action) before a court. ... Negligence is a legal concept usually used to achieve compensation for accidents and injuries. ...

Under the old common law rule, to use res ipsa loquitur in the context of negligence the plaintiff must prove that: This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ...

1. The harm would not ordinarily have occurred without someone's negligence
2. The instrumentality of the harm was under the exclusive control of the defendant at the time of the likely negligent act
3. The plaintiff did not contribute to the harm by his own negligence.

This is usually referred to in the "scalpel left behind" example of obvious negligence in the case of a physician, in which a person goes in to a doctor for stomach pains after having their appendix removed. X-Rays determine the patient has a metal object in the size and shape of a scalpel in his stomach. It requires no further explanation to show the doctor was negligent, as there is no legitimate reason for a doctor to leave a scalpel behind in an appendix operation. A defendant or defender is any party who is required to answer the complaint of a plaintiff or pursuer in a civil lawsuit before a court, or any party who has been formally charged or accused of violating a criminal statute. ... Contributory negligence is a common law defence to a claim or action in tort. ... A scalpel is a very sharp knife used for surgery, anatomical dissection, and various arts and crafts. ... The Doctor by Luke Fildes This article is about the term physician, one type of doctor; for other uses of the word doctor see Doctor. ...

The "exclusive control" element has largely given way in modern cases to a less rigid formulation, where the plaintiff must prove that other responsible causes, including the conduct of the plaintiff and third persons, are sufficiently eliminated by the evidence. As a consequence, the third element, that the plaintiff did not contribute to his injury, is subsumed by the new formulation. In addition, it is important to note that contributory negligence is, in modern case law, reckoned in "comparison" to the injury caused by the other. For example, if the negligence of the other is 95% the cause of the plaintiff's injury, and the plaintiff is 5% responsible, the plaintiff's slight fault will not negate the negligence of the other. Contributory negligence is a common law defence to a claim or action in tort. ... Contributory negligence is a common law defence to a claim or action in tort. ... Case law (precedential law) is the body of judge-made law and legal decisions that interprets prior case law, statutes and other legal authority -- including doctrinal writings by legal scholars such as the Corpus Juris Secundum, Halsburys Laws of England or the doctinal writings found in the Recueil Dalloz...

• For instance, plaintiff Doe is injured when an elevator he has entered plunges several floors and stops abruptly.
• Jane's Corporation built, and is responsible for maintaining, the elevator.
• Doe sues Jane and during the proceedings, Jane claims that Doe's complaint should be dismissed because he has never proved, or for that matter even offered, a theory as to why the elevator functioned incorrectly. Therefore, argues Jane, there is no evidence that they were at fault in the incident.
• The court may hold that Doe does not have to prove anything beyond the fall itself.
• The elevator malfunctioned, Jane was responsible for the elevator in every respect, so they are responsible for the fall.
• The thing speaks for itself.

It has been suggested that this article or section be merged with Elevator surfing. ...

Byrne v. Boadle

The principle of res ipsa loquitur was first put forward by Baron Pollock in Byrne v. Boadle, 159 Eng.Rep. 299 (1863). Byrne was struck by a barrel of flour falling from a second-storey window. The court's presumption was that a barrel of flour falling out of a second-storey window is itself sufficient evidence of negligence: Sir Charles Edward Pollock (October 31, 1823 - November 21, 1897) was an English judge, one of the last Barons of the Court of the Exchequer and serjeants-at-law. ... // The United States Reports, the official reporter of the Supreme Court of the United States Case citation is the system used in common law countries such as the United States, England and Wales, Ireland, Canada, New Zealand, Hong Kong, Australia and India to uniquely identify the location of past court... Year 1863 (MDCCCLXIII) was a common year starting on Thursday (link will display the full calendar) of the Gregorian calendar (or a common year starting on Saturday of the 12-day slower Julian calendar). ...

We are all of opinion that the rule must be absolute to enter the verdict for the plaintiff. The learned counsel was quite right in saying that there are many accidents from which no presumption of negligence can arise, but I think it would be wrong to lay down as a rule that in no case can a presumption of negligence arise from the fact of an accident. Suppose in this case the barrel had rolled out of the warehouse and fallen on the plaintiff, how could he possibly ascertain from what cause it occurred? It is the duty of persons who keep barrels in a warehouse to take care that they do not roll out, and I think that such a case would, beyond all doubt, afford prima facie evidence of negligence. A barrel could not roll out of a warehouse without some negligence, and to say that a plaintiff who is injured by it must call witnesses from the warehouse to prove negligence seems to me preposterous.

The present case upon the evidence comes to this, a man is passing in front of the premises of a dealer in flour, and there falls down upon him a barrel of flour. I think it apparent that the barrel was in the custody of the defendant who occupied the premises, and who is responsible for the acts of his servants who had the control of it; and in my opinion the fact of its falling is prima facie evidence of negligence, and the plaintiff who was injured by it is not bound to show that it could not fall without negligence, but if there are any facts inconsistent with negligence it is for the defendant to prove them.

Look up prima facie in Wiktionary, the free dictionary. ...

Canada

In Canada the doctrine of res ipsa loquitur has been largely overturned by the Supreme Court. In case of Fontaine v. British Columbia (Official Administrator) [1998] 1 S.C.R. 424 the Court rejected the use of res ipsa loquitur and instead proposed the rule that once the plaintiff has proven that the harm was under exclusive control of the defendant and that they were not contributorally negligent a tactical burden is placed on the defendant in which the judge has the discretion to infer negligence unless the defendant can produce evidence to the contrary. The Supreme Court of Canada (French: Cour suprême du Canada) is the highest court of Canada and is the final court of appeal in the Canadian justice system. ... // The United States Reports, the official reporter of the Supreme Court of the United States Case citation is the system used in common law countries such as the United States, England and Wales, Ireland, Canada, New Zealand, Hong Kong, Australia and India to uniquely identify the location of past court... Burden of proof is the obligation to prove allegations which are presented in a legal action. ...

Hong Kong

Some lawyers prefer to avoid the expression res ipsa loquitur (For example, Hobhouse LJ in Ratcliffe v Plymouth & Torbay Health Authority [1998] PIQRP170). However, some other lawyers (and judges too) still find the expression a convenient one to refer to (For example, see Bokhary PJ, a permanent judge of the Hong Kong Court of Final Appeal, in Sanfield Building Contractors Ltd v Li Kai Cheong [2003] 6 HKCFAR 207). For information on the type of fish called Lawyer, see the article on Burbot. ... For information on the type of fish called Lawyer, see the article on Burbot. ... Judges may refer to the Book of Judges in the Bible more than one judge. ... Syed Kemal Shah Bokhary (b. ... A court of final appeal is the court with the final adjudication power on the local laws in a Special Administrative Region (SAR) of the Peoples Republic of China. ...

The expression res ipsa loquitur is not a doctrine but a “mode of inferential reasoning” applies only to accidents of unknown cause. (see Sanfield Building Contractors Ltd v Li Kai Cheong [2003] 6 HKCFAR 207 and Schellenbery v Tunnel Holdings Pty Ltd (2000) 200 CLR 121) Doctrine, from Latin doctrina, (compare doctor), means a body of teachings or instructions, taught principles or positions, as the body of teachings in a branch of knowledge or belief system. ...

The res ipsa loquitur mode of inferential reasoning comes into play where an accident of unknown cause is one that would not normally happen without negligence on the part of the defendant in control of the object or activity which injured the plaintiff or damaged his property. In such a situation the court is able to infer negligence on the defendant's part unless he offers an acceptable explanation consistent with his having taken reasonable care. (see Sanfield Building Contractors Ltd v Li Kai Cheong [2003] 6 HKCFAR 207) Negligence is a legal concept usually used to achieve compensation for accidents and injuries. ... A defendant or defender is any party who is required to answer the complaint of a plaintiff or pursuer in a civil lawsuit before a court, or any party who has been formally charged or accused of violating a criminal statute. ... A plaintiff, also known as a claimant or complainer, is the party who initiates a lawsuit (also known as an action) before a court. ... A trial at the Old Bailey in London as drawn by Thomas Rowlandson and Augustus Pugin for Ackermanns Microcosm of London (1808-11). ... Negligence is a legal concept usually used to achieve compensation for accidents and injuries. ... A defendant or defender is any party who is required to answer the complaint of a plaintiff or pursuer in a civil lawsuit before a court, or any party who has been formally charged or accused of violating a criminal statute. ... For the English law, see duty of care in English law. ...

South Africa

In South Africa (Roman Dutch Law) there is no doctrine of res ipsa loquitur, although the phrase is used regularly to mean the "facts speak for themselves". Res ipsa loquitur does not shift any burden of proof or onus from one party to the other. The phrase is merely a handy phrase used by lawyers.

United States

Most American courts recognize res ipsa loquitur. The Restatement (Third) of Torts, § 17 describes a two step process for establishing res ipsa loquitur. The first step is whether the accident is the kind that would usually be caused by negligence, and the second is whether or not the defendant had exclusive control over the instrumentality that caused the accident. If found, res ipsa creates an inference of negligence, although in most cases it does not necessarily result in a directed verdict. The American Law Institute (ALI) was established in 1923 to promote the clarification and simplification of American common law and its adaptation to changing social needs. ...

A contention of res ipsa loquitur commonly is made in cases of commercial airplane accidents.

Popular culture

Res ipsa loquitur tends to be an unnecessarily difficult concept for new law students to understand. Because of the resulting confusion, the joke has developed, "Res ipsa loquitur, sed quid in infernos dicet?" ("The thing speaks for itself, but what in the hell does it say?")

Author Hunter S. Thompson frequently used the phrase to end some of his gonzo journalistic political pieces. Hunter Stockton Thompson (July 18, 1937 – February 20, 2005) was an American journalist and author. ...