LEGAL PRINCIPLE: EVIDENCE LAW — Burden of Proof — Shifting of Evidentiary Burden Under Res Ipsa Loquitur
PRINCIPLE STATEMENT
Res ipsa loquitur merely shifts the burden of proof on a defendant. A defendant may escape liability by showing he was not at fault or the accident did not occur through his negligence. It is a rule of evidence, not law, raising a rebuttable presumption.
RATIO DECIDENDI (SOURCE)
Per Edozie, JSC, in Royal Ade Nigeria Ltd. & Anor v. National Oil and Chemical Marketing Company Plc (2004) NLC-32000(SC) at pp. 18–19; Paras E–A.
"The doctrine of res ipsa loquitur merely shifts the burden of proof on a defendant. A defendant may escape liability by showing that he was not at fault or the accident occurred not through any of his negligence or carelessness. The doctrine of res ipsa loquitur is a rule of evidence and not a rule of law. It only raises a presumption which can be rebutted by showing that despite the mishap; the defendant was not at fault."
EXPLANATION / SCOPE
Res ipsa loquitur is an evidentiary rule shifting the burden to defendant to show no negligence. It raises a rebuttable presumption, not a rule of law. The principle applies to tort law and evidence. The defendant can rebut by showing lack of fault or alternative cause. The plaintiff need not prove specific negligence. The presumption arises from the circumstances of the accident.
