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Shambasiv (n/a)     20 September 2007

Res Ipsa Loquitur

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[font=tahoma]Res Ipsa Loquitur[/font]

Latin for ΓÇÿthe thing speaks for itself.' The phrase refers to a rule of evidence whereby negligence of the alleged wrongdoer may be inferred from the mere fact that the accident happened, provided that (1) in the absence of negligence, the accident would not have occurred and (2) the thing that caused the injury is shown to have been under the exclusive control of the alleged wrongdoer. This shifts the burden to the defendant, who is thereby charged with introducing evidence to refute the preseumption of negligence that has been created.

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