Res ipsa loquitur creates a rebuttable presumption of negligence. This means once a plaintiff proves this legal doctrine applies and that they were harmed by an obviously careless action, the defendant can be held liable for any resulting losses unless the defendant can raise a viable defense.
A reputable presumption of negligence can be rebutted with competing evidence from a defendant. For example, a defendant could argue against liability by raising the following defenses.
- The plaintiff contributed to or assumed the risk of injuries
- An intervening act of God or other event was the actual cause of harm, not the defendant’s actions
Determining the viability of a defense can be complicated. For example, in most states, plaintiffs can still pursue a claim for compensation even if they were partly to blame for their injuries. They would just receive reduced compensation, based on the percentage of fault attributed to them versus the defendant.
Because proving res ipsa loquitur can be complicated and because of the possibility a defendant will successfully raise defenses that a plaintiff can counter, it is a good idea to have an experienced legal professional representing you.
A dedicated injury lawyer can help you to understand if the doctrine of res ipsa loquitur applies to your case and, if so, how you can gather the necessary circumstantial evidence to prove the elements of your case and get the compensation that you deserve.
You should call an experienced attorney as soon as possible–especially since res ipsa loquitur cases usually involve obvious negligence for which you should be appropriately compensated.
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