Skip to main content

“Thing speaks for itself”
A Latin term meaning “the thing speaks for itself.” Res ipsa loquitur is a legal doctrine or rule of evidence that creates a presumption that a defendant acted negligently simply because a harmful accident occurred. The presumption arises only if (1) the thing that caused the accident was under the defendant’s control, (2) the accident could happen only as a result of a careless act and, (3) the plaintiff’s behavior did not contribute to the accident. Lawyers often refer to this doctrine as “res ips” or “res ipsa.”

A rear end accident presumption is based on res ipsa. One of my all time favorite phrases, like “superfluous ad nauseum” and “reducto absurdum”, I made those last two up !

Those torn up vents in Michael Montano’s closet were the foundation of the res ipsa argument that survived (barely) the defendants’ motion for summary judgment. My theory was that those vents could only be in that condition as a result of the careless actions of those roofers.

I love the sound of the phrase, it makes me sound SO smart-

Have a great weekend-

Bradford Pelton

Author Bradford Pelton

More posts by Bradford Pelton

Leave a Reply

Close Menu

Pelton Law

320 S Cascade Ave
Colorado Springs, Co 80907

T: (719) 634-8828

(719) 634-8828