Principle: Res ipsa loquitur shifts the burden of proof to the defendant when the accident is of a kind that does not ordinarily occur without negligence.
Facts: A surgical sponge is left inside a patient abdomen after an operation. Does res ipsa loquitur apply?

Answer and explanation

Correct answer: B. Yes

  1. Step 1: Define res ipsa loquitur (the thing speaks for itself).
  2. Step 2: The principle applies when the instrumentality is in the sole control of the defendant, and the accident would not occur in ordinary course without negligence.
  3. Step 3: Leaving foreign objects in a patient body during surgery is a classic application shifting the burden of proof to the surgeons.
Answer
Yes.

Practise more Torts: Vicarious Liability, Nuisance and Defenses.

Free questions with an explanation for every one, and full timed CLAT UG mock tests.