Res Ipsa Loquitur  

Res Ipsa Loquitur means thing itself speaks.

                                      In an action of negligence , the plaintiff has to prove the accident,  but it is not necessary to show how it took place and there is always a presumption of negligence which is based on the maxim 'Res Ipsa Loquitur' such presumption arises when the cause of Mischief is under the control of the dependent or his servant. The accident itself constitutes a reasonable evidence of negligence .

Case law

Scott vs London docks. company. 1865

Rule - "There must be reasonable evidence of negligence. But where the thing is shown to be under the management of the defendant or his servants and the accident is such as in the ordinary course of thing does not happen if those who have the management use proper care.  it affords reasonable evidence,  in the absence of explanation by the defendant, that the accident arose from want of Care."
There are two things which are the plaintiff must prove to this doctrine


 

First - the thing which caused the accident must be under the control of defendant.

Second-  the accident could have been avoided in the ordinary course of thing if the management had exercised Due care.

Once this  two conditions are of satisfied, then the independent must rebut the presumption of negligence.  It is not necessary that he must prove how and why the accident happened, it is sufficient even if he satisfies the Court that he was not negligent and had exercise all reasonable Care . The dependent must either show

First-    That he was not negligent .

Second- or that the accident was due to specific cause not relating to his negligence.

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