Res Ipsa Loquitur is a Latin phrase that translates to “the thing speaks for itself.” The Res Ipsa Loquitur is a doctrine commonly used in personal injury cases where negligence or recklessness is the cause of a person’s injuries. This doctrine allows plaintiffs to prove a defendant’s negligence through circumstantial evidence alone, without having to prove precisely how the defendant engaged in negligent behavior.
Res Ipsa Loquitur is used to tell the courts that the very nature of the accident implies a negligent act must have occurred, otherwise no one would have suffered injuries. An example of this would be an airbag suddenly exploding while a person is driving, or an elevator suddenly falling with people inside. These types of accidents could only occur if someone acted carelessly, thus invoking Res Ipsa Loquitur.
How California Law Defines “Res Ipsa Loquitur”
In California, Res Ipsa Loquitur is codified under California Evidence Code 646 and under California Civil Jury Instruction CACI No. 417. The law states:
“(a) As used in this section, “defendant” includes any party against whom the res ipsa loquitur presumption operates.
(b) The judicial doctrine of res ipsa loquitur is a presumption affecting the burden of producing evidence.
(c) If the evidence, or facts otherwise established, would support a res ipsa loquitur presumption and the defendant has introduced evidence which would support a finding that he was not negligent or that any negligence on his part was not a proximate cause of the occurrence, the court may, and upon request shall, instruct the jury to the effect that:
(1) If the facts which would give rise to res ipsa loquitur presumption are found or otherwise established, the jury may draw the inference from such facts that a proximate cause of the occurrence was some negligent conduct on the part of the defendant; and
(2) The jury shall not find that a proximate cause of the occurrence was some negligent conduct on the part of the defendant unless the jury believes, after weighing all the evidence in the case and drawing such inferences therefrom as the jury believes are warranted, that it is more probable than not that the occurrence was caused by some negligent conduct on the part of the defendant.”
How “Res Ipsa Loquitur” Works in California
To invoke “Res Ipsa Loquitur” in California, a plaintiff must establish the following:
- The event itself suggests carelessness because similar incidents rarely happen without a negligent act. Also, the harm was caused by an agency or instrumentally within the exclusive control of the defendant.
- The defendant had sole or primary control over whatever caused the injury as to eliminate fault for anyone else.
- The plaintiff did nothing to contribute to their own injuries.
Contact a Personal Injury Lawyer in California
If you or a loved one has been injured due to the careless actions of another in California, the Personal Injury Attorneys at Maison Law are standing by to help you get the compensation you need. Our law firm has years of experience protecting the right to fair compensation for injured victims across California. So, if you’re looking a way to regain your health and financial security after suffering an injury, contact Maison Law today for a free consultation and case evaluation. Our firm does not require any upfront fees, and you do not have to pay a cent until your case is won.
