ABSTRACT

Proof of negligence may be made easier if the court allows the plaintiff to use the evidential rule res ipsa loquitur, which raises a rebuttable presumption of negligence against the defendant. Its effect is that the defendant must then rebut the presumption by showing that he was not negligent, or he becomes liable. In order that res ipsa loquitur may apply, three conditions must be met:

(a) the cause of the occurrence must be unknown;

(b) the events leading up to the occurrence must have been wholly in the control of the defendant; and

(c) the accident must be such as would not have happened without negligence; in other words, the fact that the defendant has been negligent must be the only reasonable explanation of the occurrence. Thus, if a manufacturer is sued and he brings evidence to show that the occurrence could equally well be explained by the fact that the retailer has been negligent, the plaintiff will have to prove his case in the normal way.