A paralegal is explaining the concept of 'res ipsa loquitur' to a new legal assistant. Which of the following scenarios best illustrates a situation where 'res ipsa loquitur' would likely apply?
- AA manufacturer sells a defective product that causes injury when used as intended.
- BA homeowner fails to clear ice from their sidewalk, leading to a pedestrian slip and fall.
- CA surgeon leaves a surgical sponge inside a patient during an operation.
- DA driver runs a red light and collides with another vehicle, causing injuries.
Show answer & explanationAnswer & explanation
Correct answer: C. A surgeon leaves a surgical sponge inside a patient during an operation.
'Res ipsa loquitur' (the thing speaks for itself) applies when an accident would not ordinarily occur without negligence, the instrumentality causing the injury was under the exclusive control of the defendant, and the plaintiff did not contribute to the injury. A surgical sponge left inside a patient during an operation is a classic example, as such an event almost always indicates negligence and the hospital/surgeon had exclusive control.
Why the other options are wrong
- A. This points to product liability, where the defect itself is the focus, rather than inferring negligence from an event where the cause is unknown.
- B. While potentially negligence, the cause of the fall (ice) is known, and the homeowner's direct negligence (failure to clear) is the focus, not an inference from an unexplainable event.
- D. This is a straightforward negligence case with clear evidence of a breach of duty (running a red light), not requiring res ipsa loquitur to infer negligence.
Res Ipsa Loquitur
Latin for 'the thing speaks for itself.' A doctrine of law that allows an inference of negligence to be drawn from the occurrence of the accident itself, in the absence of direct evidence of negligence.
- Accident would not ordinarily occur without negligence.
- Instrumentality causing injury was under defendant's exclusive control.
- Plaintiff did not contribute to the injury.
Memory trick: Res Ipsa: The event itself reveals the fault.