Res ipsa loquitur is a concept that confuses many law students. Though this Latin phrase means “the thing speaks for itself,” the reality is that it is more like a small whisper for most law students. In this post, learn what it is and how to use it on an exam. Good luck on your finals and the bar exam!
Res Ipsa Loquitur can be confusing, but it doesn't have to be. Learn how to use on an exam the three part test that courts use in determining whether Res Ipsa Loquitur can be used at trial. For more episodes to help you succeed in law school, check out https://youtube.com/LearnLawBetter and https://facebook.com/LearnLawBetter
To use the doctrine of res ipsa loquitur, the plaintiff must prove the following three elements: 1. The plaintiff's injury was caused by an accident that would not normally have happened without negligence. 2. The thing causing the injury (in the referenced case, the barrel of flour) was within the exclusive control of the defendant. 3. The plaintiff did not provoke the accident. Just like what says in the picture, the thing speaks for itself.