MBE Tip: Res Ipsa Loquitur

It’s important to remember that res ipsa loquitur plays a very specific role in any negligence question. It prevents the plaintiff from losing on a directed verdict, summary judgment, or etc., even though the plaintiff cannot present direct evidence of negligence. It’s, essentially, an inference that a duty was breached. That’s a simplified way to think about it.

It’s not, however, a win for the plaintiff even if “the thing speaks for itself.” There are multiple elements involved in proving negligence, and res ipsa loquitur satisfies a subset of them. Still need causation, still need damages. Answer choices will try to bait you with this common mistake.