Res ipsa loquitur means that the accident speaks for itself. In such cases, it is sufficient for the plaintiff to prove the accident and nothing more. Where the thing is shown to be under the management of the defendant or his servants, and the accident is such as in the ordinary course of things does not happen if those who have the management use proper care, it affords reasonable evidence in the absence of explanation by the defendants, that the accident arose from want of care.
There are two requirements to attract res ipsa loquitur:
(i) that the “thing” causing the damage be under the control of the defendant;
(ii) that the accident must be such as would not in the ordinary course of things have happened without negligence.
Res ipsa loquitur is an exception to the normal rule that the maxim means the mere proof of accident raises the presumption of negligence unless rebutted by the wrongdoer. The principal function of the maxim is to prevent injustice which would result if a plaintiff were invariably compelled to prove the precise cause of the accident and the defendant responsible for it, even when the facts bearing in the matter are at the outset unknown to him and often within the knowledge of the defendant.”
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