LEGAL PRINCIPLE: TORT LAW — Negligence — Res Ipsa Loquitur — Conditions Precedent for Application of Doctrine
PRINCIPLE STATEMENT
The doctrine of res ipsa loquitur comes into operation: (1) on proof of an unexplained occurrence; (2) when the occurrence would not have happened without somebody's negligence; and (3) the circumstances point to the defendant's negligence rather than any other person's.
RATIO DECIDENDI (SOURCE)
Per Ejiwunmi, JSC, in Royal Ade Nigeria Ltd. & Anor v. National Oil and Chemical Marketing Company Plc (2004) NLC-32000(SC) at p. 12; Paras D–E.
"I think it is thus clear that this approach to a claim in negligence comes into operation (1) on proof of the happening of an unexplained occurrence. (2) when the occurrence is one which would not have happened in the ordinary course of things without negligence on the part of somebody other than the plaintiff: and (3) the circumstances point to the negligence in question being that of the defendant rather than that of any other person."
EXPLANATION / SCOPE
Res ipsa loquitur requires: unexplained occurrence, occurrence that ordinarily implies negligence, and circumstances pointing to defendant’s fault. All three conditions must be satisfied. The principle applies to tort law and negligence. The rule ensures the doctrine is not applied automatically. The plaintiff must establish a prima facie case for the presumption to arise. The occurrence must be of a type that does not happen without negligence.
