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The doctrine of ‘res ipsa loquitur’ :

  • A.shifts the burden of proving negligence on the plaintiff
  • B.does not shift the burden of proving negligence on the plaintiff
  • C.shifts the burden of disproving negligence on the defendant
  • D.does not shift the burden of disproving negligence on the defendant

Answer: C

Res ipsa loquitur shifts the burden of disproving negligence on the defendant.

The maxim means 'the thing speaks for itself'. It applies where the thing causing harm was under the defendant's control and the accident is of a kind that would not ordinarily happen without negligence, as in Scott v. London and St. Katherine Docks (1865), where bags of sugar fell from a warehouse. The fact of the accident raises an inference of negligence, and the defendant must then show that he was not negligent.

So the doctrine does not put the burden on the plaintiff; it relieves the plaintiff of proving the specific negligent act, and it does shift the burden of explanation to the defendant, which rules out the other three options.

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