What role does "res ipsa loquitur" play in tort law?

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"Res ipsa loquitur," which translates to "the thing speaks for itself," plays a critical role in tort law, particularly in negligence cases. When a plaintiff invokes this doctrine, they are essentially arguing that the nature of the accident or injury is such that it does not typically occur in the absence of negligence. This allows the plaintiff to satisfy the burden of proof regarding negligence without needing to provide direct evidence of the defendant's conduct.

In many cases, such as surgical errors or accidents involving machinery, the circumstances surrounding the injury are often under the control of the defendant, and thus it can be inferred that negligence occurred if a specific type of accident happens. The doctrine shifts some of the burden of proof to the defendant, who must then provide evidence to refute the presumption of negligence. This is a mechanism to help plaintiffs succeed in cases where direct proof of negligence may be difficult to obtain.

By establishing that the injury typically does not occur without negligence, "res ipsa loquitur" allows for a more equitable adjudication of cases where evidence might be limited or hard to come by. This explains why the choice related to how this doctrine functions in proving negligence is the correct answer.

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