Res Ipsa Loquitur is a legal doctrine in California that allows negligence to be inferred from the nature of an accident when direct evidence is unavailable. For this doctrine to apply, the injury typically needs to be ordinarily caused by negligence, the defendant must have been in control of what caused it, and the plaintiff must not have contributed to the cause.
The doctrine of res ipsa loquitur is widely used in personal injury, medical malpractice, and premises liability cases in San Diego and throughout California. It can help plaintiffs overcome the challenges inherent in some complex personal injury cases.
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What Is Res Ipsa Loquitur?
Injured victims in most personal injury cases have the burden of proving the legal elements to recover compensation for damages. Each element must be proven by a preponderance of the evidence.
The doctrine of res ipsa loquitur, however, creates a presumption affecting the burden of producing evidence, meaning the defendant must offer evidence showing the injury did not result from their negligence. It does not automatically prove negligence but allows the jury to infer the defendant’s negligence based on the surrounding circumstances.
The Latin phrase translates to “the thing speaks for itself,” implying that the very nature of the accident indicates negligence was the cause. Res ipsa loquitur is codified under California law in Evidence Code § 646.
This doctrine is mainly used in personal injury or malpractice cases where there may be no direct evidence of negligence. Direct evidence includes eyewitness testimony or video footage. Under res ipsa loquitur, the injured party proves negligence based on circumstantial evidence when direct proof is unavailable.
Elements of Res Ipsa Loquitur in California Personal Injury Cases
To successfully invoke the doctrine of res ipsa loquitur in California courts, the plaintiff must prove three key elements.
The elements are outlined in California Civil Jury Instruction (CACI) No. 417 as:
- The accident or injury is of a kind that ordinarily does not occur without negligence. For example, a surgical instrument left inside a patient or a falling light fixture from a safely maintained ceiling would not happen without someone’s negligence.
- The instrumentality or cause of the injury was under the exclusive control of the defendant. This means the defendant had sole control over the object or situation that caused the harm.
- The plaintiff did not contribute to the cause of the injury. The injured party must demonstrate that they were not responsible for their own harm.
When these elements are met, the court can allow the jury to infer negligence from the facts. It creates a presumption affecting the burden of producing evidence, not necessarily the ultimate burden of proof.
Common Examples of Res Ipsa Loquitur Cases
Successfully navigating these hurdles requires meticulous investigation and compelling presentation of facts, as the defendant will invariably offer alternative explanations for the incident. Even when all conditions are met, the jury ultimately decides whether the inference of negligence is warranted in light of the facts of your case.
For example, a patient injured during surgery might invoke res ipsa loquitur. The patient must then demonstrate that the injury wouldn’t have occurred without negligence, the cause of the injury was within the surgeon’s exclusive control, and the patient didn’t contribute to their own harm.
What Evidence Is Required to Use Res Ipsa Loquitur in a San Diego Personal Injury Case?
Res ipsa loquitur may be used in many personal injury cases. However, using this doctrine in some injury cases may be more challenging. Using res ipsa loquitur does not mean the plaintiff will easily succeed in their case.
The attorney must also submit evidence that can exclude other reasonable explanations for the cause of their injury, such as third-party fault or contributory fault. The strength of the circumstantial evidence is paramount. The plaintiff’s lawyer must effectively demonstrate that the defendant’s negligence was the most probable cause of the plaintiff’s injury.
Proving the defendant maintained exclusive control over the thing that caused the injury is crucial. The defendant can present evidence to disprove negligence. If so, the presumption of res ipsa loquitur evaporates. Then, the plaintiff must prove negligence by a preponderance of evidence to win the case.
What Damages Are Available in a Personal Injury Case Alleging Res Ipsa Loquitur?
You can seek the same types of damages in a personal injury case based on res ipsa loquitur as in cases based on negligence, strict liability, or intentional torts.
Examples of economic and non-economic damages include:
- Pain and suffering
- Out-of-pocket expenses
- Medical bills and rehabilitation expenses
- Emotional distress and mental anguish
- Lost wages and loss of earning capacity
- Diminished quality of life and enjoyment of life
- Permanent impairment and disability
- Scarring and disfigurement
The same factors impact the value of damages in a personal injury case. The strength of your evidence, the severity of your injuries, insurance coverage, and other factors may impact the value of your claim.
Statute of Limitations for Cases Alleging Res Ipsa Loquitur
In California, personal injury claims generally must be filed within two years of the accident. Claims based on res ipsa loquitur are subject to this same limitation. Missing the deadline could result in you losing your right to pursue a legal claim in court.
Because exceptions to the statute of limitations can change the deadline for filing lawsuits, it is best to seek legal advice as soon as possible.
Contact Mission Personal Injury Lawyers for a Free Consultation With Our San Diego Personal Injury Lawyers
If you are injured and suspect negligence but lack proof, consulting a knowledgeable personal injury or medical malpractice attorney in San Diego is crucial. Experienced attorneys can develop strategies to establish the necessary elements of Res Ipsa Loquitur and advocate for your rights.
Contact Mission Personal Injury Lawyers at (619) 777-5555 for a free consultation today. Our San Diego personal injury attorneys help injured victims and their families seek fair and just outcomes. Let us help you fight for the compensation you deserve.
