res ipsa loquitur

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. 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.
   • 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.2004, Nurse's Legal Handbook, Lippincott Williams & Wilkins, →ISBN, page 160
   • Res ipsa loquitur was frequently applied in cases involving foreign bodies in foodstuffs.2005, Vivienne Harpwood, Modern Tort Law, 6th edition, Psychology Press, →ISBN, page 153