Imagine you’re driving on the highway when suddenly, another car swerves into oncoming traffic and crashes into you. Or maybe you’re standing in a store when a light fixture falls from the ceiling, injuring you. In these situations, it can be hard to figure out exactly what caused the accident. If you were hurt and can’t determine what caused the accident, you may be able to prove your case and win using a legal principle called “Res Ipsa Loquitur.”
What is Res Ipsa Loquitur?
Res Ipsa Loquitur is a Latin term that means “the thing speaks for itself.” This principle is used in law when someone is injured but there is no clear evidence showing exactly how it happened. However, the injury was likely caused by negligence, and the instrument or thing that caused the injury was under the control of the defendant (the person being accused). In simple terms, Res Ipsa Loquitur allows people to assume negligence without needing to show direct proof of what happened.
This legal rule is often used when a person is hurt and it is clear that the injury could not have happened without someone being careless, but no one can explain exactly how it happened. In these cases, it is enough to show that the object or thing that caused the injury was in the defendant’s control. In some situations, people can use Res Ipsa Loquitur without needing expert testimony, relying instead on common sense and everyday experience to show that the accident was likely caused by someone’s carelessness.
When Can Res Ipsa Loquitur Be Used?
Res Ipsa Loquitur is not used when there is direct evidence of what caused the injury. For example, if someone can clearly show that a blood pressure cuff was applied too tightly and caused harm, Res Ipsa Loquitur would not apply because the injury has a known cause. But, if no one knows how the injury happened, and it seems like the only explanation is negligence, Res Ipsa Loquitur can be used.
History of Res Ipsa Loquitur
The idea behind Res Ipsa Loquitur dates back to an 1863 case in England called Byrne v. Boadle. In this case, a barrel fell out of a window and hit a person, causing injury. The court allowed Res Ipsa Loquitur to be used, even though no one could say exactly why the barrel fell. The court reasoned that barrels don’t fall from windows unless someone is careless, and the person responsible for the building was the only one who could have moved the barrel.
How Does Res Ipsa Loquitur Apply to Personal Injury Cases?
Res Ipsa Loquitur is commonly used in personal injury cases where it’s unclear how the accident happened. One example is the case of Schueler v. Good Friend North Carolina Corp. In this case, a woman was sitting on a chair in a store when a row of chairs fell over, causing her to fall and get injured. The court allowed Res Ipsa Loquitur to be used because the chairs were controlled by the store, the cause of the injury was unclear, and the injury could not have happened without negligence.
In another case, Young v. Anchor, a woman was injured when an escalator suddenly jerked and caused her to fall. The escalator was under the control of the company, and the court ruled that it could not have jerked like that unless the company had been negligent in maintaining it.
Res Ipsa Loquitur in Car Accidents
Res Ipsa Loquitur can even be used in car accident cases. In Greene v. Nichols, a driver suddenly veered off the highway for no clear reason and crashed into a tree. The court ruled that Res Ipsa Loquitur could be used to show that the driver was likely negligent because there was no other explanation for the crash.
Medical Malpractice and Res Ipsa Loquitur
This legal rule is often applied in medical malpractice cases. For example, if a surgeon leaves a foreign object like a sponge inside a patient after surgery, Res Ipsa Loquitur can be used. In Tice v. Hall, a woman suffered pain for years after a sponge was left inside her during surgery. The court ruled that Res Ipsa Loquitur applied because there was no explanation for how the sponge got inside the patient other than negligence.
What Should You Do If You’re Injured?
If you or someone you know is injured and you’re unsure what caused the accident, it is important to act quickly and seek legal help. Res Ipsa Loquitur could be a helpful tool in your case, but navigating the legal process can be difficult. At King Law Offices, we understand how complex and sensitive these situations can be. Our experienced attorneys are here to help guide you through the legal process. Contact King Law Offices today at (888) 748-KING (5464) for a consultation.