LEGAL PRINCIPLE: TORT LAW — Negligence — Res Ipsa Loquitur — Rebuttal of Presumption by Defendant
PRINCIPLE STATEMENT
Res ipsa loquitur means the accident's nature is more consistent with negligence by the defendant than other causes, making the accident prima facie evidence of negligence. The burden shifts to the defendant to explain and show it occurred without fault. The defendant is not liable because he cannot prove exactly how it happened; it suffices if he satisfies the court he was not negligent.
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. 17–18; Paras E–B.
"The doctrine of res ipsa loquitur means that an accident may by its nature be more consistent with its being caused by negligence for which the defendant is responsible than other causes and that in such a case, the mere fact of the accident is prima facie evidence of such negligence. In such a case, the burden of proof is on the defendant to explain and to show that it occurred without fault on his part. The principle only shifts the onus of proof, which is adequately met by showing that despite the collision, the defendant was not in fact negligent. He is not to be held liable because he cannot prove exactly how the accident happened; it is sufficient if he satisfies the court that he personally was not negligent."
EXPLANATION / SCOPE
Res ipsa loquitur shifts burden to defendant to show absence of fault. Defendant need not prove exactly how accident happened, only lack of personal negligence. The principle applies to tort law and negligence. The rule prevents requiring defendant to prove a negative. Defendant satisfies burden by showing reasonable care was exercised. The defendant may succeed by showing alternative non-negligent cause.
