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Res Ipsa Loquitur In Texas: The Element Of Superior Knowledge., Harvey R. Levine

St. Mary's Law Journal

The doctrine of res ipsa loquitor infers negligence from the physical cause of an accident and eliminates the necessity of determining with certainty the responsible human cause. Specifically, in Texas, res ipsa loquitor means that the facts of an occurrence warrant an inference of negligence, that they furnish circumstantial evidence in the absence of direct negligence, and that the facts call for an explanation or rebuttal. Each state applies the doctrine differently and the outcome of each case is dependent on the procedural effect. Generally, invoking the doctrine of res ipsa loquitor may result in either of two procedural effects: …