Legal Definitions - IPSA LOQUITUR

Definition: Ipsa loquitur is a Latin term that means "the thing speaks for itself." It is a legal doctrine that allows a plaintiff to prove negligence by showing that the injury or harm suffered would not have occurred without the defendant's negligence.

Example: A patient undergoes surgery to remove their appendix. After the surgery, the patient experiences severe pain and discomfort in their abdomen. The patient discovers that a surgical instrument was left inside their body. The patient can use the doctrine of ipsa loquitur to prove negligence on the part of the surgeon or medical staff.

Explanation: In this example, the fact that a surgical instrument was left inside the patient's body speaks for itself. It is clear that this would not have happened without negligence on the part of the surgeon or medical staff. The doctrine of ipsa loquitur allows the patient to prove negligence without having to provide direct evidence of the surgeon's actions.

Additional Example: A person slips and falls on a wet floor in a grocery store. There are no warning signs or barriers to indicate that the floor is wet. The person can use the doctrine of ipsa loquitur to prove negligence on the part of the grocery store for failing to provide a safe environment for customers.

Explanation: In this example, the fact that the person slipped and fell on a wet floor speaks for itself. It is clear that the grocery store was negligent in failing to provide a safe environment for customers. The doctrine of ipsa loquitur allows the person to prove negligence without having to provide direct evidence of the grocery store's actions.