res ipsa loquitor

Res Ipsa Loquitor

It is elementary in the law of torts that the onus of proving negligence lies upon him who alleges it. The burden to prove on the defendant of not being negligent and that reasonable care was taken. The evidence is self-explanatory and no further evidence is to be required.

In an action for negligence the plaintiff has to prove three essentials to prove the liability of the defendant:

1) Reasonable care is taken as a man of ordinary prudence would take.

2) The duty is not performed.

3) Injury caused to the plaintiff.

Res ipsa loquitor, allows negligent behavior (which constitutes the duty and breach elements) to be proven by the plaintiff based on the surrounding circumstances.

This doctrine is prompted by common sense. It means if the evidence is prima facie, then no further evidence is required as it stands on the principle of the thing speaks for itself. Res Ipsa Loquitur is not a principle of substantive law –but rather a rule of evidence (procedural). The maxim assumes that the defendant was negligent and had he not been negligent the situation would not occur. The burden of proof shifts on to the defendant.

It is the defendant who leads the evidence. The defendant has to prove that he is not negligent and that reasonable care that a man of ordinary prudence would have taken is met with. This maxim means the thing speaks for itself. Res ipsa loquitur is neither an independent tort doctrine nor a cause of action. Rather, res ipsa loquitur is an evidentiary principle, and, more specifically, it is a rule of circumstantial evidence. In personal injury law, the concept of res ipsa loquitur (or just “res ipsa” for short) operates as an evidentiary rule that allows plaintiffs to establish a rebuttable presumption of negligence on the part of the defendant through the use of circumstantial evidence. In certain circumstances no proof of negligence is required beyond the accident itself. The mere occurrence of an accident prima facie brings presumption of negligence.

Aishwarya Says:

I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.

If you are interested in participating in the same, do let me know.

Do follow me on FacebookTwitter  Youtube and Instagram.

The copyright of this Article belongs exclusively to Ms. Aishwarya Sandeep. Reproduction of the same, without permission will amount to Copyright Infringement. Appropriate Legal Action under the Indian Laws will be taken.

If you would also like to contribute to my website, then do share your articles or poems at adv.aishwaryasandeep@gmail.com

We also have a Facebook Group Restarter Moms for Mothers or Women who would like to rejoin their careers post a career break or women who are enterpreneurs.

We are also running a series Inspirational Women from January 2021 to March 31,2021, featuring around 1000 stories about Indian Women, who changed the world. #choosetochallenge

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