Res Ipsa Loquitur

• Res Ipsa Loquitur


  the thing speaks for itself
• Res Ipsa Loquitur is used in circumstances where it is difficult or impossible to prove D breached their duty of care
• The burden of proof switches to the defendant
• 1. Was the thing that caused the harm wholly under the defendants' control
• 2. Would the accident have happened if someone was not negligent
• 3. Is there any other explanation for the damage