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Res ipsa loquitur means 'the situation speaks for itself'. The phrase is used to describe rare situations, such as in the previous page, where, in the absence of an explanation, the mere facts are enough to raise an inference against a defendant.
In GIO of NSW v Fredrichberg (1968) 118 CLR 403 Barwick CJ said:
"[Res ipsa loquitur] is no more than a process of logic by which an inference of negligence may be drawn from the circumstances of the occurrence itself where in the ordinary affairs of mankind such an occurrence is not likely to occur without lack of care towards the plaintiff on the part of a person in the position of the defendant; or perhaps, as it might more accurately ... be expressed, where, in the opinion of the judge, the jury would be entitled to think that such an occurrence was not likely to occur in the ordinary experience of mankind without such a want of due care on the part of such a person".
For res ipsa loquitur to apply there are certain requirements.
- Firstly, there must be no evidence that explains why the events in question occurred. Any such evidence precludes the application of res ipsa loquitur.
- Secondly, the events in question must be of a type that would not ordinarily happen if proper care had been taken.
- Thirdly, the facts must indicate that the defendant and no-one else is to blame for what happened. This involves the question of control because if the defendant was not in exclusive control of a situation, it is difficult to conclude that they were responsible for what happened.
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