What is the doctrine of "res ipsa loquitur" in tort law?

The doctrine of "res ipsa loquitur" is a legal principle in tort law that allows a presumption of negligence to be inferred from the very nature of an accident or injury, even without direct evidence of wrongdoing. This principle is typically applied in situations where the incident that caused the harm was under the control of the defendant, and such an accident would not ordinarily occur without someone's negligence.

In essence, when "res ipsa loquitur" is invoked, the facts surrounding the event are deemed to be sufficient to indicate that negligence occurred. For instance, if a surgical instrument is left inside a patient after surgery, it is reasonable to infer that negligence took place, as such an event generally does not happen without it. Therefore, this doctrine shifts the burden of proof to the defendant to demonstrate that they were not negligent, rather than requiring the plaintiff to prove the specific negligent act.

This understanding is crucial in tort cases where direct evidence may be lacking, and it allows injured parties to pursue claims even when they do not have comprehensive details about what specifically went wrong. The other options do not accurately capture this concept; they either misrepresent the function of the doctrine or indicate unrelated concepts in tort law.