Res ipsa loquitur (the thing speaks for itself) refers to the inference of negligence drawn from the facts of a particular occurrence, where the occurrence itself is the only available fact from which such negligence can be deduced. Does res ipsa loquitur apply in cases involving falling objects? In Eze v Adderley Body Corporate (https://www.saflii.org/za/cases/ZAWCHC/2024/7.html)
The Eastern Cape MEC for Health was held vicariously liable for the negligent conduct of provincial hospital nursing staff in failing to take the necessary steps to ensure that a patient’s wound was properly assessed and cleaned and that all debris, specifically a large shard of glass, had been removed. The patient’s wound became infected
The supreme court of appeal has endorsed calls to jettison the term res ipsa loquitor (the thing speaks for itself) completely from our law. The court remarked that res ipsa loquitur is not a legal rule, is misleading and is unnecessary.
Res ipsa loquitur has for some time been championed by plaintiff attorneys in medico-legal