Res Ipsa Loquitur is latin for”the thing speaks for itself.” This legal theory is used when it is uncertain how an accident occurred, but the circumstance would not have occurred without negligence. To succeed on the basis of Res Ipsa Loquitur, the Plaintiff must prove: this type of accident generally does not occur without negligence, prove the defendant had control over the mechanism that caused the injury, and exclude the fault of others. The first element typically must be established by expert testimony.
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