Res Ipsa Loquitur

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Res Ipsa Loquitur

The legal concept that some acts are so obviously negligent that no further explanation is necessary to prove legal liability. A res ipsa loquitur case ordinarily requires one to show that an act usually would not occur without negligence, that the act probably was the result of negligence, that the defendant caused the negligence, and that the plaintiff did not contribute to it. A res ipsa loquiture case contrasts with a prima facie case, which requires more evidence to prove liability. The phrase "res ipsa loquitur" is Latin for "the thing speaks for itself."
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1960) (finding that although plaintiff was unable to produce any evidence that the dynamite was defective, the explosion itself was enough to shift the burden of proof to defendants under a theory of res ipsa loquitor).
ISSUE: The legal doctrine of Res Ipsa Loquitor (RIL) is alive and well.
You can suggest to the council's insurers that the accident speaks for itself and 'res ipsa loquitor' applies.