Res Ipsa Loquitur

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Definition

Latin for 'the thing speaks for itself'—a doctrine that presumption of negligence arises from the mere occurrence of an accident under circumstances suggesting negligence. Sometimes the injury is just so obvious it proves negligence.

Example Usage

The surgical sponge found inside the patient's body invoked res ipsa loquitur against the hospital.

Origin

Latin phrase meaning 'the thing speaks for itself'

Fun Fact

This doctrine eliminates the need to prove specific negligence in obvious cases, like surgeons leaving instruments inside patients during operations.

Source: Tort law and negligence doctrine

Related Terms

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