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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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.
Resources
See Also
- Law Enforcement Officer
- Police
- Law Enforcement Agency
Further Reading
- res ipsa loquitur in A Dictionary of Law Enforcement (Oxford University Press)
- res ipsa loquitur in the Encyclopedia of Law Enforcement
- A Treatise on the Police of the Metropolis
Res Ipsa Loquitur
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