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LEGAL TERMS - Res Ipsa Loquitur
Legal Terms - Res Ipsa Loquitur
Res Ipsa Loquitur information: In negligence law, it means "the thing speaks for itself" and refers to situations where the burden of proof shifts to defendant to prove the action taken was not done negligently. This is because the particular facts that gave rise to the injury usually does not happen absent clear negligence, and the instrumentality that caused the injury is under the control of the defendant. For example, hoisting a large safe over the sidewalk to an upper floor, and the safe falls on someone, the injured party may ask the court to require the defendant to prove he was not negligent, because the safe and hoist was in defendant's control, and such large objects usually don't fall from the sky.
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