What is Res Ipsa Loquitur?

Res ipsa loquitur is the name of a legal doctrine that makes it easier for you to prove negligence against a defendant. Under res ipsa loquitur, you don’t have to prove exactly how the negligence happened.

As long as you prove the elements of res ipsa loquitur, you can reverse the burden of proof and force the defendant to prove that they were not negligent.

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Ordinary Negligence Claims: What You Have to Prove

There is more than one way to win a personal injury claim, depending on the facts of your case. Negligence is by far the most common basis of a personal injury claim. To win a negligence claim, you normally have to prove:

The at-fault party owed you a duty of care.
The at-fault party failed to meet the demands of their duty of care. Breach of the duty of care amounts to negligence.
The at-fault party’s negligence caused you harm.
The harm you suffered resulted in compensable damages–medical expenses, pain and suffering, etc.

To win a negligence claim, you have to prove your case by “a preponderance of the evidence.” All that means is that you have to prove that your claim is more likely than not to be valid. As long as the evidence you submit tilts the balance even slightly in your favor, you have met your burden of proof.

The elements you must prove change, however, when you have a res ipsa loquitur claim.

Elements of a Res Ipsa Loquitur Claim

You must prove three facts to win a res ipsa loquitur claim:

Exclusive control: The defendant must have had exclusive control over whatever caused your injury. The defendant might have manufactured an exploding cigarette lighter, for example.
No contributory negligence: You must not have been responsible, even partially, for your own injuries. Even if you were, you might still be able to win your claim; you just can’t apply res ipsa loquitur.
An accident of this kind does not normally occur without negligence: A cigarette lighter doesn’t normally explode, for example, unless somebody was negligent.

You must prove all three of these elements by a preponderance of the evidence to invoke res ipsa loquitur.

The Effect of Invoking Res Ipsa Loquitur: The Burden of Proof

Invoking res ipsa loquitur reverses the burden of proof. Once you do that, the defendant must prove they were not negligent. This can be difficult or even impossible. In many cases, facts are hard to prove, and the loser is whoever has the burden of proof.

Causation and Damages

Even if the at-fault party was negligent, they are not necessarily liable since negligence only accounts for duty and breach of duty. To proceed from negligence to liability, you will also have to prove causation and damages.

Examples of Res Ipsa Loquitur Claims

Following are some examples of common res ipsa loquitur claims:

A medical malpractice claim in which a surgical instrument is left in your body.
A product liability claim in which a soda bottle explodes in your face.
A premises liability claim in which a stairway railing comes loose and causes you to fall down a flight of stairs.
A piano falls from a scaffolding and kills someone walking under it.
A hotel guest suffers second-degree burns from shower water.
A steering wheel detaches while the driver is speeding down the highway.

Any of these claims might require the testimony of an expert witness to establish negligence.

Defenses Against Res Ipsa Loquitur Claims

The defendant might assert the following to try and beat your claim:

They were not in exclusive control of whatever caused your injury.
Your own negligence contributed to your injuries.
The accident might have occurred even if nobody was negligent.
The defendant’s behavior was reasonable under the circumstances (not negligent).
The defendant’s negligence did not cause your injuries.
Your injuries are not as severe as you are claiming that they are.
You assumed the risk of injury by signing a waiver of liability.
You were trespassing on the defendant’s property at the time of the accident. This defense, if established, will work most of the time but not all the time.
You didn’t file a lawsuit until after the statute of limitations deadline expired.

Other defenses might also apply.

Contact a New York City Personal Injury Lawyer

If you think you might have a valuable personal injury claim, don’t try to handle matters on your own. Even if you “win,” what you receive will likely be less than what a lawyer could have gotten for you. Schedule a free initial consultation with a New York City personal injury lawyer at your earliest convenience.

Don’t worry about money. Very few personal injury lawyers charge by the billable hour. Instead, they use the contingency fee system, which only requires you to pay attorney’s fees if you win your claim. Contact the Law Offices of Jay S. Knispel Personal Injury Lawyers at (212) 564-2800 today to schedule a free consultation with our experienced New York City personal injury lawyers.