Maxim 9.1.7
The thing speaks for itself.
Res ipsa loquitur.
Source: Broom, Max.; per Pollock, C.B. in Byrne v. Boadle (1863) 2 H. & C. 722
Difficulty 1/5 — Foundational
Explanation
Where an event is of such a character that it could not ordinarily occur without negligence or wrongful act, the occurrence itself is evidence sufficient to raise a presumption of fault without further proof.
Where this applies
- A barrel fell out of a warehouse window and hit me — that doesn't just happen without negligence.
- My car was totaled while parked at a repair shop and nobody can explain how.
- I was injured during surgery and the kind of injury doesn't happen unless someone made a mistake.
Legal domains
See also
Cite this maxim
NeCede Max. 9.1.7 — The thing speaks for itself. — Broom, Max.; per Pollock, C.B. in Byrne v. Boadle (1863) 2 H. & C. 722 (Res ipsa loquitur.)
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