Question

The maxim “Res Ipsa Loquitor” means?

• A. The thing speaks for itself
• B. The burden of proof lies on the plaintiff
• C. An action dies with the person
• D. To a willing person, no injury is done

Hint:

Res Ipsa Loquitur is a rule of evidence. It helps the victim win the case when the specific details of the negligence are known only to the defendant.

Answer 1

The Correct Option is A

Step 1: Break down the Latin maxim word by word.
"Res" = thing or matter; "Ipsa" = itself; "Loquitur" = speaks. Combined and literally translated: "The thing speaks for itself" - a doctrine applied in negligence cases where the facts are self-evident.
Step 2: Explain the three conditions for its application.
The doctrine applies when: (1) the accident ordinarily does not occur without someone's negligence; (2) the instrument causing harm was under the exclusive management and control of the defendant; (3) there is no direct evidence or explanation available for how the accident occurred.
Step 3: Explain its effect and confirm.
When Res Ipsa Loquitur applies, the facts themselves raise a prima facie inference of negligence against the defendant, shifting the evidential burden to the defendant to provide a reasonable explanation; the plaintiff need not prove exactly how the negligence occurred.
\[ \boxed{\text{The thing speaks for itself}} \]