Res Ipsa Loquitur - Burden of Proof - Applicability in Electricity Cases James E. Bolin Jr. In any claim for compensation for injury or death caused by workplace conditions, the burden of proof is on the claimant. 1. The res ipsa loquitur definition asserts that negligence can be presumed without proof. Degree of certainty needed in order to prove a case. Three part test. This is because there could be no other alternative explanation but negligence on the part of the defendant. The claimant must prove specific acts or omissions on the part of the employer which will qualify as negligent conduct. Normally, the plaintiff has the burden of proving negligence. The doctrine of res ipsa loquitur permits the trier of fact to draw an inference of negligence from circumstantial evidence of the events surround-ing an injury. 1. Res ipsa loquitur refers to a situation in which the facts of a case make it self-evident that the defendant’s negligence caused the plaintiff’s injury or damages. The res ipsa loquitur doctrine only satisfies the burden of evidence, it does not change in any way the burden of proof. Introduction to Res Ipsa Loquitur: In a negligence case, a plaintiff has the burden of proof. WHEN THE MAXIM RES IPSA LOQUITUR APPLIES There are a number of factors which the court may take into account when determining, as a matter of fact, whether or not reasonable care has been taken, considering all the circumstances of the case. loquitur. 1950] COMMENT: RES IPSA LOQUITUR 643 CO MMENT RES IPSA LOQUITUR: TABULA IN NAUFRAGIO Warren A. Seavey * T HE case of Ybarra v. Spangard 1 is an illustration of the use to which a phrase may be put in explaining reversal of the common law theories of burden of proof. The burden of persuasion has … Burden of proof. In a negligence action, therefore, the plaintiff … In other words, it is the plaintiff’s responsibility to show the existence of facts which demonstrate they should recover in their case. Concerning the man- The Effect of Res Ipsa Loquitur The doctrine does not strictly shift the burden of proof onto the defendant: Ng Chun Pui v Lee Chuen Tat [1988] RTR 298. Sometimes a prima facie inference of negligence may be drawn from the circumstances of the case by recourse to the maxim known as . [7] What must have happened is apparent from the surrounding circumstances. Once the plaintiff has demonstrated the elements of res ipsa loquitur, the defendant will then have the burden of proof to demonstrate that he or she was not negligent. Res ipsa loquitur, as it is in the early 2000s applied by nearly all of the 50 states, deals with the sufficiency of circumstantial evidence and, as in some states, affects the Burden of Proof … B. shifts to the defendant. If … C. proves the negligence. xii, 486. B. exceeds reasonable doubt. Spangard, the Court held that due to the doctrine of res ipsa loquitur, the burden of proof switched on to the defendants when the plaintiff was unconscious during the negligent acts and was unable to prove which medical professional acted negligently, and caused her injuries. bearing the risk of non-persuasion of the jury) and the burden of evidence (i. e. bearing the duty of producing enough evidence to satisfy the judge and allow him to send the case to the jury). Res ipsa loquitur. This Note is brought to you for free and open access by the Law Reviews and Journals at LSU Law Digital Commons. Literally, the phrase res ipsa loquitur means “the thing speaks for itself.” It is the idea that there are some situations that are so obviously dangerous that the mere existence of the situation shifts the burden of proof onto the defendant to prove that he or she was not negligent. Can discharge the claimant’s burden of proof - Applicability in Electricity Cases James E. 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