The field of law has so many complex concepts and terms that there’s a word to represent this – legalese. If you are feeling overwhelmed trying to understand what’s going on in your personal injury case, your attorney is the best source of information and answers. However, having a foundation of understanding can also be beneficial as you navigate your lawsuit and prepare for the road ahead.

If you would like personalized guidance tailored to the circumstances of your unique case, contact Mark E. Seitelman Law Offices to schedule a free case evaluation. We are happy to help injured New Yorkers in need of legal representation for their accident claims, and we have the experience and knowledge necessary to handle complex legal concepts like res ipsa loquitur.

Key Legal Components of Res Ipsa Loquitur

One of the many complex legal doctrines that may come up in your lawsuit is the doctrine of res ipsa loquitur. The technical translation is “the thing speaks for itself.” This is used in cases when negligence is obvious and can be inferred from the event. It is helpful to use this doctrine to prevent an at-fault party from avoiding accountability when the cause of the negligence is unclear.

Three elements must be established in res ipsa loquitur:

  • The incident cannot be explained without the existence of negligence.
  • The defendant had exclusive control over the situation in question.
  • The injured party did not contribute to the incident.

Examples of Res Ipsa Loquitur

A common example used when discussing this legal doctrine is of a piano falling from a window and landing on someone below. The piano could not have fallen on its own, so negligence on someone else’s part must exist.

Another example in the context of car accidents is a car hitting a pedestrian who was walking on the sidewalk. Because the sidewalk is meant for pedestrians and not vehicles, and the car could not have driven onto the sidewalk on its own, negligence must have played a part in such an accident.

Challenges in Applying Res Ipsa Loquitur

Even if your attorney can establish the elements of res ipsa loquitur, an accident claim may not necessarily be successful due to the complexities of this legal doctrine. First, the burden of proof, which is the standard that an injured person must meet when proving the other party’s liability, is an added hurdle in some cases.

It is a common misconception that once res ipsa loquitur is established, the burden of proof shifts from the plaintiff to the defendant. This legal doctrine creates a presumption of negligence, but it does not remove the injured party’s obligation to present evidence to establish their case. Plaintiffs can use evidence that may be considered circumstantial to prove their case, but the burden of proof still rests with the plaintiff.

Introducing Res Ipsa Loquitur in Personal Injury Cases

Personal injury is a broad legal category that includes cases like car accidents, premises liability, and product liability. If you have been injured due to someone else’s negligence, your case is likely a personal injury case. Using the legal principle of res ipsa loquitur may be an option in your case if:

  • It is clear that your accident would not have happened without the other party’s negligence.
  • The at-fault party had the ability to control the situation but failed to exercise that power appropriately.
  • You did not contribute to the circumstances of the accident.

If you believe that there is no other explanation for your accident other than negligence, introducing res ipsa loquitur may be the best option. Your personal injury attorney would be able to provide clarity and guidance on this legal concept.

Contact an Experienced NYC Personal Injury Lawyer

Mark E. Seitelman Law Offices has extensive experience and in-depth knowledge of the legal concepts and strategies needed to successfully represent New York City accident victims. With over 30 years of experience advocating for clients in all five boroughs, Mark Seitelman and his team have built a reputation of fierce representation and compassionate guidance. Contact us today to schedule a free case evaluation with one of our skilled personal injury lawyers.