What does "res ipsa loquitur" allow a plaintiff to do in negligence cases?

"Res ipsa loquitur" is a legal doctrine that allows a plaintiff to infer negligence from the mere occurrence of certain types of accidents, without needing direct evidence of the defendant's negligent conduct. It is based on the principle that, in ordinary circumstances, the type of accident that occurred would not happen unless someone was negligent. This means that when the facts of the case meet specific criteria, the court allows the jury to assume negligence exists based on the nature of the accident itself.

For "res ipsa loquitur" to apply, the plaintiff typically needs to establish that the accident was of a kind that usually implies negligence, that the instrumentality causing the injury was under the control of the defendant, and that the plaintiff did not contribute to the cause of the accident. This doctrine eases the burden on the plaintiff, allowing them to proceed with their case even in the absence of direct evidence linking the defendant to the negligent behavior.

While demonstrating the harm caused is essential to proving damages in a negligence case, this is not the primary function of "res ipsa loquitur." Additionally, admitting liability in a settlement generally occurs outside the context of this doctrine, as it pertains more to negotiation rather than demonstration of negligence in court. Dismissing a case