ACCA LW · Chapter 5 · Question 11 of 11
In which situation does the doctrine of res ipsa loquitur most commonly assist a claimant in negligence?
Test yourself: pick an answer
Reveal answer & explanation
Correct answer: A) Where the thing causing harm was under the defendant's control and the accident would not normally happen without negligence, and the cause is unknown
Explanation
Res ipsa loquitur ('the thing speaks for itself') allows an inference of negligence where the defendant controlled the thing, the event would not ordinarily occur without negligence and there is no explanation of how it happened, as in Scott v London and St Katherine Docks (sacks of sugar falling from a warehouse). The defendant must then show it was not negligent. The professional standard reference describes the Bolam test, which helps defendants rather than claimants.
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