RES IPSA LOQUITUR

Latin meaning the action speaks for itself. The actions are so obvious that the duty of care and breach may be inferred by the clear nature of the actions and the obvious conclusions. 1. The act ordinarily would not occur without someone’s negligence. 2. In this instance the accident probably did not occur without someone’s negligence. 3. The accident was caused by an instrumentality that was under the exclusive control of the defendant. 4. The accident was not caused in any way by the plaintiff (i.e., no contributory negligence.)