When you’re involved in a personal injury lawsuit, proving negligence is crucial to your case. You and your attorney may be well aware of the defendant’s negligence, but you still have to prove your claims to the court, which is when the term ‘res ipsa loquitur’ comes into play.
In this article, we’ll take a closer look at what the term means and why understanding evidence through the lens of “Res Ipsa Loquitur” is vital for the overall success of your case.
What Does Res Ipsa Loquitur Mean?
The Latin phrase translates to ‘the thing speaks for itself’ and can play a major role in your personal injury and negligence case. The term implies that the events in question are an obvious indication of negligence.
In most personal injury cases, the plaintiff must prove the defendant’s actions were more careless than those of a reasonably responsible person, which also applies to cases involving employers or other professionals. Personal injury cases can be brought against private and corporate citizens.
There are times when common sense is the mitigating factor. In other words, common sense says the accident would not have occurred if the defendant’s actions were not negligent. For example, if the plaintiff slips on a wet floor that the defendant does not properly identify or fails to clean up in a timely manner. Here, res ipsa loquitur implies the accident is preventable except for the defendant’s negligence.
A primary difference between the two types of personal injury cases is one requires proof, and the other is implied. With Res Ipsa Loquitur, the plaintiff is only required to provide circumstantial evidence.
Tips on Proving Res Ipsa Loquitur
Proving a res ipsa loquitur claim isn’t as simple as pointing out negligence. You still need to provide circumstantial evidence. Your case also needs to meet a few specifications.
- The accident and subsequent injury only occurred due to the defendant’s negligence.
- The accident was the result of forces outside of the plaintiff’s control but within the defendant’s ability to prevent the event from occurring.
- The plaintiff’s actions before the accident did not cause the event to occur.
Depending on how your case is handled, the judge and/or jury will examine the events leading up to the accident and its primary cause.
An example is sitting on a chair at a restaurant, and a leg falls off of the base, resulting in the plaintiff falling to the floor. As a result of the fall, the plaintiff sustained significant injuries. If the defendant properly maintains the chair, the leg will not fall off, so the defendant’s negligence is the reason the chair breaks.
Before filing a personal injury claim paperwork, your attorney will ask how you sat in the chair, and yes, this matters in res ipsa loquitur cases. To prove negligence, your injuries must result from sitting down properly in the chair, which means no hard flops or rocking the chair back and forth. Injuries that occur because you rocked the chair over do not apply under a res ipsa loquitur statute.
As it can sometimes be the case that restaurants and other businesses rent furniture from third parties who then become responsible for its maintenance, you must also demonstrate ownership. Otherwise, this makes your claim much harder to prove and it might fall to a court to decide who exactly was negligent.
What Are Some Examples of Res Ipsa Loquitur
When you’re trying to decide if res ipsa loquitur applies to your case, sometimes it helps to look at a few examples. The examples can also help clarify any confusion you may have about the statute. After all, trying to understand the legalities of your personal injury case can leave you feeling extremely confused.
- When you touch a bottle containing liquid, it suddenly explodes without warning. This can be a res ipsa loquitur case if you sustained injuries as a result. However, if you shake or drop the bottle before it explodes, you’re considered to be the negligent party.
- You undergo surgery, and the physician operates on the wrong organ or area of your body. Any competent physician will not make this potentially life-threatening mistake. In this instance, the physician is negligible. Your lawsuit may only include the doctor, or the hospital may also be included.
- A vehicle’s airbag explodes, and you’re struck by flying debris. Since airbags are not supposed to explode or send debris flying, the manufacturer is considered to be at fault.
Chances are these are not examples of your particular case, but they help give you a good idea of what qualifies as a res ipsa loquitur case.
What If You Are the Defendant
Being a defendant in a res ipsa loquitur case can leave you feeling defeated since you must first prove your actions are not negligent, while the plaintiff only has to show circumstantial evidence.
Here, you often only have two viable defense options.
- The plaintiff’s actions are at least partially responsible for the incident. For example, rocking in their chair before the leg falls off.
- Another event occurring at relatively the same time contributed to the accident. In other words, this event (act of God) is the cause instead of the defendant’s negligence.
As the defendant, it’s nice to know that proving res ipsa loquitur isn’t always as easy as it may seem initially. However, some states allow personal injury cases to go forward even if the plaintiff is partially at fault. Known as a shared responsibility law, the statute can equally blame both parties or divide it 60-40.
Talk to an Attorney About Your Personal Injury Case
Even though you only provide circumstantial evidence in a res ipsa loquitur case, going through the various legal steps is still complicated, especially in states with active shared responsibility laws.
Whether you’re a defendant or plaintiff, seeking the appropriate legal representation is always your best option. Your attorney is familiar with the legal process and can help ensure you receive adequate compensation for your injuries or a proper defense.
