Discuss the meaning of res lpsa loquitur?

Res ipsa loquitur’ is a latin maxim which means ‘the thing speaks for itself’. This maxim has not met with universal approval. It is not a principle of substantive law but it is a rule of evidence, relating to burden of proof and nothing else. This is based on the theory that there are certain happenings which do not occur normally unless there is negligence. Therefore, in the case of such happening the claimant is to rely, on evidence of negligence upon the mere happening of such accident. The burden of proof will be on the defendant to explain and show that accident occurred without nay fault on his part.


Leave a Reply