A more thorough explanation:

Definition: Res Ipsa Loquitur is a Latin term that means "the thing speaks for itself." In tort law, it is a principle that allows plaintiffs to prove negligence by the defendant with circumstantial evidence.

Overview: To prove res ipsa loquitur negligence, the plaintiff must show three things:

1. The incident was of a type that does not generally happen without negligence
2. It was caused by an instrumentality solely in the defendant's control
3. The plaintiff did not contribute to the cause

The plaintiff can create a rebuttable presumption of negligence by proving that the harm would not ordinarily have occurred without negligence, that the object that caused the harm was under the defendant’s control, and that there are no other plausible explanations.

Example: A patient goes into surgery to have their appendix removed. During the surgery, the surgeon leaves a surgical instrument inside the patient's body. The patient suffers harm as a result. In this case, the patient can use res ipsa loquitur to prove negligence by the surgeon. The incident was of a type that does not generally happen without negligence, the surgical instrument was under the surgeon's control, and the patient did not contribute to the cause.

Limitations: Res ipsa loquitur has limitations. An injury that happens without the fault of the plaintiff, such as slip-and-fall accidents, would fail the prima facie test, particularly the third element.

Further Reading: For more information on res ipsa loquitur, see this and this . For an example of a court applying res ipsa loquitur, see .