Res Ipsa Loquitur

Legal Definition and Related Resources of Res ipsa loquitur

Meaning of Res ipsa loquitur

(Latin phrase) The thing speaks for itself. A phrase used in actions for injury by negligence, where no proof of negligence is required beyond the accident itself, which is such as necessarily to involve negligence.

Res Ipsa Loquitur Legal Definition

Literally, “a thing that speaks for itself.” In tort law, the doctrine which holds a defendant guilty of negligence without actually showing he was negligent.

Application of Res Ipsa Loquitur in the United States

Negligent tort actions, when the defendant has full control over the situation;
Supreme Court Ruling: In Johnson v. United States, 333 US 46 (1948), the United States Supreme Court ruled that res ipsa loquitur applied in Jesionowski v. Boston & Maine R. Co., mean[ing] that “the facts of the occurrence warrant the inference of negligence, not that they compel such an inference.”

The court believe we have full control over what we say to others. Therefore, a plaintiff may win in a tort action for defamatory statements. However, some are still waiting to see the application of ‘res ipsa loquitur’ in favor of a plaintiff for using hurtful words in a tort action.

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Res Ipsa Loquitur in the Dictionary Res Ipsa Loquitur in our legal dictionaries
Legal Maxims Maxims are established principles that jurists use as interpretive tools, invoked more frequently in international law
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Related topics Res Ipsa Loquitur in the World Encyclopedia of Law

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This definition of Res Ipsa Loquitur Is based on the The Cyclopedic Law Dictionary . This entry needs to be proofread.

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Res ipsa loquitur in Law Enforcement

Main Entry: Law Enforcement in the Legal Dictionary. This section provides, in the context of Law Enforcement, a partial definition of res ipsa loquitur.

“Res Ipsa Loquitur” in Maritime Law

Note: There is more information on maritime/admiralty law here.

The following is a definition of “Res Ipsa Loquitur”, produced by Tetley, in the context of admiralty law: (“the thing speaks for itself”), referring to the presumption that damages caused by an inanimate object, without human intervention, result from some fault or negligence on the part of the owner or possessor of the object in whose custody it was at the time it caused the harm. The doctrine applies in cases where the damage would not ordinarily occur in the absence of fault or negligence, and where there is no evidence as to how or why the harmful occurrence took place. See Scott v. London and St. Katherine Docks Co. (1865) 3 H. & C. 596 at p. 596, 159 E.R. 665 at p. 667; Hellenius. v. Lees [1972] S.C.R. 165 at p. 172; Jackson v. Millar [1976] 1 S.C.R. 225 at p. 235. The principle was shot through the heart by the Supreme Court of Canada in Fontaine v. B.C. (Offical Administrator) [1998] 1 S.C.R. 424 at p. 435, where Major, J. said: “It would appear that the law would be better served if the maxim was treated as expired and no longer used as a separate component in negligence actions. After all, it was nothing more than an attempt to deal with circumstantial evidence. That evidence is more sensibly dealt with by the trier of fact,…” The decision has been followed in a number of countries in the world.

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See Also

  • Law Enforcement Officer
  • Police
  • Law Enforcement Agency

Further Reading

Res Ipsa Loquitur

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