Res ipsa loquitur
Fatima Khan
(Querist) 14 September 2024
This query is : Resolved
Hope all the learned Members are fine. May I ask whether the doctrine of res ipsa loquitur is applicable to the service matters particularly when difference is found in date of birth of Civil servant in the service record itself?
T. Kalaiselvan, Advocate
(Expert) 15 September 2024
Res ipsa loquitur is a legal doctrine that allows a court to infer negligence from the nature of an accident or injury, even when there is no direct evidence of how the defendant behaved. The phrase "res ipsa loquitur" is Latin for "the thing speaks for itself".
The doctrine is used when the causes of an accident are unknown, but the nature of the accident suggests negligence on the part of the defendant. For example, if a patient develops a dislocated shoulder after an X-ray in an intensive care unit, the doctrine may apply if the injury was not an expected complication and there is no explanation other than mishandling or improper restraint of the patient.
Now after understanding the provisions of law you may decide.
