res ipsa loquitur

Res ipsa loquitur applies in certain classes of cases such as those involving the tort of negligence, where an event takes place which is of the sort that suggests liability on the part of a defendant, a prima facie presumption arises that the person with management or control of a site, venue or asset is liable. The maxim is to relieve the burden of proof where the facts give rise to a prima facie inference that, in the ordinary course of things, the injury would not have happened had ordinary care been taken.

In Thomas v Curley [2013] EWCA Civ 1, Lloyd Jones LJ found that res ipsa loquitur describes a situation in which it is possible a court to infer negligence where a claimant has proved a result without proving any specific act or omission on the part of the defendant which has produced the result. If it is proved on the balance of probabilities that the result could not have happened without negligence and that the situation was under the control of the defendant, then it is open to the court to conclude that it is more likely than not that the result was caused by negligence.

Application of Res Ipsa Loquitur

For instance:

1. If the defendant is the person responsible safety on a construction site, and sack falls from a height and injures a passer-by, the defendant is presumed to be liable unless the contrary is proved by evidence. The absence of evidence to the contrary means that the defendant will be liable to those injured.
2. Where a ship is at anchor and there is a collision, the ship is motion is presumed to be at fault.

[Latin: the thing speaks for itself]