What are conditions for the application of the rule of res lpsa loquitur?

The maxim res ipsa loquitur applies to cases where the peculiar circumstances constituting the event or accident proclaim that the negligence of somebody is the cause of the event or accident. In the first place, the event or accident must be a kind which does not happen in the ordinary course of things if those who have management and control use due care; secondly, it must also be shown that the event or thing which caused the accident was within the defendant’s control.

   The Doctrine of res ipsa loquitur applies not only to a case where the thing that inflicted the damage was under the sole management and control of the defendant but also where it is under the sole management and control of someone for whom he is responsible or whom he has a right to control.


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