Why the complaint sought to invoke the doctrine of res ipsa loquitur ?
Res ipsa loquitur is a legal term from Latin meaning, “the thing itself speaks” but is more often translated “the thing speaks for itself.” It signifies that further details are unnecessary; the facts of the case are self-evident. The doctrine is applied to tort claims which, as a matter of law, do not have to be explained beyond the point where liability is established. It is most useful to plaintiffs in certain kinds of negligence case. It was first formulated in the English 1863 case Byrne v. Boadle Under the old common law rule, to use res ipsa loquitur in the context of negligence the plaintiff must prove that: 1. The harm would not ordinarily have occurred without someone’s negligence 2. The “thing” which caused the harm was under the exclusive control of the defendant at the time of the likely negligent act 3. There must be an absence of a reasonable explanation as to how the harm occurred. However, each jurisdiction applies its own standards to determine negligence under the do
