“Res Ipsa Loquitur”
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The general concept
Res ipsa loquitur means “the thing speaks for itself.” It is an evidentiary doctrine that may allow a factfinder to infer negligence from the nature of an accident when direct proof of what went wrong is unavailable. The doctrine does not make the defendant automatically liable and does not shift the ultimate burden of proving the claim.
How Maryland applies it
Maryland generally asks whether the event ordinarily would not happen without negligence, whether the instrumentality was under the defendant’s management or control in a legally meaningful sense, and whether the plaintiff’s conduct did not cause the event. The inference must fit the evidence; an unusual injury alone is not enough. Res ipsa is most useful when the defendant had access to the relevant process or equipment and the plaintiff cannot identify the precise careless act. Expert testimony may be necessary, especially in a medical case. If the evidence gives a complete, specific explanation for the event, the doctrine may add little or may not apply. A jury may infer negligence, but remains free to reject that inference after considering all the evidence.
Related Maryland Cases and Authorities
Dover Elevator Co. v. Swann, 334 Md. 231 (1994).; District of Columbia v. Singleton, 425 Md. 398 (2012).