The plea of res ipsa loquitur: literally means it speaks for itself.
This is a rule of evidence applicable in cases of negligence where want of care is presumed.
It may be relied upon by the plaintiff where the occurrence cannot be explained
otherwise than the defendant's negligence.
For the principle to be applicable the following conditions are necessary:
(i) Absence of explanation that is, the plaintiff has no evidence of the negligent
aftor omission of the defendant.
(ii) Such a thing does not ordinarily happen if care is taken that is, the
occurrence must be consistent with the defendants negligence.
(iii) Whatever occasioned loss or injury was within the exclusive control of
the defendant, his servants or agents.
(iv) The principle of res ipsa provides prima facie evidence of negligence on the part of
the defendant.
Once pleaded by the plaintiff, it shifts the burden of proof to the defendant who must now
explain the circumstance and if the explanation is reasonable, the plaintiff loses the case
for want of prosecution.
This principle was applied in Scott V. London and St. Catherines Dock Ltd.
maurice.mutuku answered the question on April 30, 2018 at 08:45
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