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Understanding the res ipsa loquitur rule

Giles Bayliss helps you answer questions on the principle of res ipsa loquitur in negligence by examining examples of cases

Hemera Technologies

Normally in negligence the claimant must establish all three elements — duty, breach and damage. In relation to breach of duty, however, there may be situations where it appears from the facts that there has been negligence by the defendant, but the exact cause of the damage or injury is not known. This is where the principle of res ipsa loquitur (‘the thing speaks for itself’) applies.

Consider the following example:

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