Res ipsa loquitur CASES

Res ipsa loquitur, Latin for “the thing speaks for itself,” is a doctrine in English tort law used to infer negligence from the mere occurrence of an event or accident that typically would not happen without negligence.

Definition and application

This principle applies when direct evidence of negligence is absent, but circumstances clearly indicate negligent behaviour. It shifts the evidential burden to the defendant, who must demonstrate that negligence did not occur.

Key cases and historical context

Established notably in Scott v London and St Katherine Docks Co (1865), the doctrine was applied where a claimant was injured by bags of sugar falling from a warehouse. The event itself indicated negligence, as bags typically do not fall without negligence.

In Mahon v Osborne (1939), surgical instruments accidentally left inside a patient also invoked the doctrine, as such errors inherently imply negligence.

Requirements for application

  • The incident must be of a kind that ordinarily does not occur without negligence.
  • The incident must be caused by something under the defendant’s exclusive control.
  • The claimant must not have contributed to the cause.

Consequences and legal significance

When successfully invoked, res ipsa loquitur eases the claimant’s burden by establishing a prima facie case of negligence, compelling the defendant to provide an alternative explanation.

Criticisms and limitations

Critics argue the doctrine can unfairly presume negligence, placing defendants at a procedural disadvantage. However, its utility remains acknowledged in cases where direct evidence of negligence is unavailable or obscured.

Ratcliffe v Plymouth and Torbay HA [1998] EWCA Civ 206

Mr Ratcliffe suffered severe permanent neurological injury following a spinal anaesthetic given during ankle surgery. He alleged negligent misplacement of the needle, relying on res ipsa loquitur. The Court of Appeal upheld the trial judge’s finding of careful practice, rejecting liability and clarifying res ipsa in medical negligence.

Roe v Ministry of Health [1954] EWCA Civ 7

Two patients became paralysed after spinal anaesthetics administered at a hospital. Phenol had seeped through invisible cracks in glass ampoules into the anaesthetic. The Court of Appeal held neither the hospital nor the anaesthetist was negligent, as the risk of invisible cracks was not foreseeable in 1947.

Southport Corp v Esso Petroleum Co Ltd [1954] EWCA Civ 5

The tanker Inverpool stranded in the Ribble estuary. To refloat her, the master discharged about 400 tons of oil, which polluted Southport Corporation’s foreshore and Marine Lake. The Court of Appeal majority held the shipowners liable in public nuisance and negligence; the master was not personally liable.