
Res ipsa loquitur is a term used to describe evidence in some personal injury cases. Res ipsa loquitur is Latin for “the thing speaks for itself.” Under this legal theory, an injured victim can prove negligence in a personal injury case when it might be difficult to prove who was specifically at fault.
For example, if you are walking near a construction site and a nail flies out and hits you, you would not have to prove which construction worker sent the nail. Under the doctrine of res ipsa loquitur, you can sue the construction company on the basis that one of their workers must have done the damage. In other words, the flying object “spoke for itself.” An experienced Lafayette personal injury lawyer can help you understand your legal rights and how res ipsa loquitur might apply in your case.
Legal Elements of Negligence in a Personal Injury Claim

Personal injury claims are usually based on the legal theory of negligence. Negligence can arise when a person, business, or other entity fails to exercise the ordinary care and caution they should have in a situation, and someone is hurt as a result.
Proving negligence in a personal injury case typically requires four elements to be proven:
- Duty. You’ll need to show that the defendant owed you a duty of care to avoid harm under the circumstances.
- Breach. If the defendant breached their duty of care, they could be said to be negligent.
- Causation. The defendant’s breach must have caused your injuries.
- Damages. Due to the defendant’s negligent conduct causing your injuries, you must have suffered actual damages – such as medical bills, lost pay, and other losses.
In most personal injury cases, you cannot collect monetary damages until you’ve proven the elements of negligence.
Elements of Res Ipsa Loquitur
In a standard negligence case, it can be hard to prove each element when it is difficult to prove who exactly caused the incident. This is where the theory of res ipsa loquitur comes in. “Res ipsa” is an alternative way to establish legal liability in a personal injury claim.
Res ipsa loquitur requires three elements:
- Your injury was the type that wouldn’t ordinarily occur without negligence. For example, if a tool drops on you from a building window or a medical instrument is left in you after surgery, there must have been negligence on somebody’s part.
- The instrumentality that caused your injury was solely within the control of the defendant. If you were injured near a construction site by an errant tool or object, that instrumentality would have been completely under the control of the company or its employees before striking you.
- You did not contribute to the incident through some negligent act of your own. If you were partly to blame, you might still have a claim in a standard negligence case under Louisiana’s comparative fault law. However, you cannot claim res ipsa loquitur if you shared fault for the accident.
Ultimately, a jury would be asked to find if these elements are proven at a personal injury trial. Proving liability under res ipsa loquitur can be straightforward in some cases and more complex in others. Either way, you’ll benefit from the guidance of an experienced personal injury lawyer if res ipsa loquitur is part of your case.
When Might Res Ipsa Loquitur Apply?
Res ipsa loquitur won’t apply in every personal injury case. However, there are many situations in which the theory can be used to support your negligence claim.
Some such circumstances can include:
- Finding a foreign object, insect, or animal in pre-packaged food;
- Finding that you were harmed by an obvious medical error, such as an operation on the wrong organ or being given a medication intended for a different patient;
- You are injured when a defective product explodes or causes you to get into an accident;
- A safety feature such as an airbag fails to activate when you are in an accident;
- You are walking on the sidewalk, and an object hits you from an open window above;
Res ipsa loquitur often arises in medical malpractice, premises liability, and product liability cases. The first legal case referring to the theory of res ipsa loquitur was Byrne v. Boadle, an English case from the 19th century. In that case, a barrel of flour fell from a 2nd story window and struck a pedestrian below. While nobody could pinpoint who sent the barrel through the window, negligence must have occurred under the circumstances.
Consultation with a knowledgeable Lafayette personal injury lawyer can help you determine if this theory applies to your case.
A Lafayette Personal Injury Lawyer Can Help You Today
If you were injured in an unexpected accident in Lafayette, LA, you could pursue a negligence claim to obtain financial compensation. One theory of negligence is res ipsa loquitur, which applies in some situations. A dedicated Lafayette personal injury lawyer can help you understand your legal rights and next steps. Schedule your free consultation today at (337) 399-9000 with Kenny Habetz Personal Injury Law.