What kind of evidence does Res Ipsa Loquitur typically involve?

Res Ipsa Loquitur, which translates to "the thing speaks for itself," is a legal doctrine used in negligence cases when the specific action that caused the harm is not clear. It allows a plaintiff to infer negligence from the circumstances surrounding an accident, rather than requiring direct evidence of a defendant's wrongdoing.

The doctrine typically involves circumstantial evidence that suggests that an accident or injury would not have occurred without negligence on the part of the defendant. For example, if a surgical instrument is left inside a patient's body after surgery, it can be inferred that there was a lack of proper care without needing to know exactly what each medical staff member did wrong.

In contrast, direct evidence would consist of clear proof, such as eyewitness accounts or concrete demonstrations of negligence. Witness testimonies can play a role in establishing context or supporting claims, but the core of Res Ipsa Loquitur relies on the circumstantial nature of the evidence that infers negligence from the event itself rather than from witness statements or documents. Documentary evidence, while potentially useful, does not inherently satisfy the requirements of this doctrine.