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Res Ipsa Loquitur

Res ipsa loquitur, a Latin phrase meaning “the thing speaks for itself,” is a legal doctrine in Michigan personal injury law that allows an inference of negligence based on the circumstances surrounding an injury, even without direct evidence of fault. This principle applies when the injury is of a type that ordinarily would not occur in the absence of negligence, the instrumentality causing the harm was within the exclusive control of the defendant, and the plaintiff did not voluntarily contribute to the injury. In premises liability or slip and fall cases, for instance, res ipsa loquitur may help establish negligence if a hazardous condition existed that a reasonably prudent property owner should have addressed. The doctrine can also aid plaintiffs in dog bite injuries, brain injuries from accidents, or wrongful death claims where the precise cause is unclear but the circumstances strongly suggest negligence. While not a substitute for proving negligence, res ipsa loquitur shifts the burden to the defendant to provide a reasonable explanation. The Joseph Dedvukaj Firm’s skilled Michigan personal injury attorneys leverage this doctrine strategically to protect clients’ rights and maximize compensation.

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