Evan Granowitz on Law Terms: Res ipsa loquitur

From Evan Granowitz

Evan Granowitz affirms that part of learning about torts is learning the terminologies. Clients should not be in the dark about terminologies and should familiarize themselves with them in order to be able to properly keep up with the proceedings and make sure everything runs as smoothly as possible. One such term that a client will encounter in torts may be res ipsa loquitur, which is latin for “the thing speaks for itself.”

Defined simply, res ipsa loquitus means that the elements of the breach made or the duty of care is already made clear by the actual nature of the accident. It needs no direct evidence of how the defendant has behaved—it simply explains itself. Evan Granowitz explains that the plaintiff now only needs to establish two of the remaining elements of negligence: that the plaintiff had suffered harm and that the accident was clearly the legal cause of the harm.

From Evan Granowitz

Res ipsa loquitus is often seen in medical malpractice. Cases such as surgical instruments being left in the body after a surgery (which is a more common event than some people realize), is one such case where no explanation as to the origin of the harm is necessary.

Secondly, the term can often be confused prima facie, which is defined “at first sight.” However, prima facie means that a case has more than enough evidence for it to have an immediate answer. The usual inference is “open and shut case,” which means that the trial will be very brief or practically a formality.

Evan Granowitz is an expert litigator from Wolf Group LA, and more of his information can be found at www.wolfgroupla.com/evan_granowitz.

From Evan Granowitz