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What does res ipsa loquitur mean?

  1. The thing is hidden

  2. The thing speaks for itself

  3. The thing must be handled

  4. The thing must be controlled

The correct answer is: The thing speaks for itself

Res ipsa loquitur is a legal doctrine that means "the thing speaks for itself." This term is used in tort law to establish negligence when the events that led to an injury imply that negligence has occurred, even in the absence of direct evidence. Essentially, it suggests that the circumstances surrounding an event are so obvious that they require no further explanation; the very occurrence of the event itself implies that someone was negligent. For example, if a surgical instrument is left inside a patient after surgery, the situation is so egregious that it speaks to a clear failure of care without needing detailed evidence or testimony to demonstrate that negligence occurred. This principle serves to guide courts in cases where the plaintiff may not have access to all necessary information that would typically be required to prove negligence outright. In contrast, the other options do not encapsulate the essence of the term. "The thing is hidden" suggests something concealed rather than self-evident. "The thing must be handled" and "the thing must be controlled" imply active engagement or management rather than the notion that the situation is clear from the circumstances at hand. Thus, the correct understanding of res ipsa loquitur is that it denotes situations where the facts of the case are such that they inherently suggest