res ipsa loquitur

English

Etymology

From the Latin phrase rēs ipsa loquitur (“the thing speaks for itself”, literally “the thing itself speaks”).

Phrase

res ipsa loquitur

1. The import of a thing or situation is obvious.

   Synonyms: clear cut, cut and dried, open and shut, open and shut case

2. (tort law) A maxim where the very improbable facts of an accident imply the negligence of the defendant. It effectively shifts the burden of proof to the defendant.

   Coordinate term: prima facie

   • 2004, Nurse's Legal Handbook, Lippincott Williams & Wilkins, →ISBN, page 160:

     The court in that case established three criteria that must be shown for res ipsa loquitur to apply: The injury must be the kind that ordinarily doesn't occur in the absence of some type of negligence.

   • 2005, Vivienne Harpwood, Modern Tort Law, 6th edition, Psychology Press, →ISBN, page 153:

     Res ipsa loquitur was frequently applied in cases involving foreign bodies in foodstuffs.

Translations

maxim where improbable facts imply negligence

• Spanish: la cosa habla por sí misma
• Swedish: saken talar för sig själv

Latin

Alternative forms

• rēs loquitur ipsa

Etymology

From rēs (“thing”) + ipsa (“herself”), the feminine of ipse (“himself”) because rēs is a feminine word + loquitur (“she speaks”) the third-person form of loquor (“I speak”). Literally meaning "the thing itself speaks" or "the matter itself speaks".

Phrase

rēs ipsa loquitur

1. the thing speaks for itself