THE DOCTRINE OF RES IPSA LOQUITUR AND ITS APPLICATION IN NIGERIAN TORT LAW

Abstract Res Ipsa Loquitur is an essential principle that’s used in tort law, applied evidence that permits proving. Plaintiffs are negligent in cases where no evidence exists. This study reflects on the. The doctrine’s implication in Nigerian law and how that differs from the application and procedure of the. the law systems of England and the United States. By paying close attention to detail, the case law, statute, and scholarly opinion are analyzed. The conditions in which it applies and its effect on the doctrine of res ipsa loquitur were identified by the researcher. The burden of proof and issues raised in connection with it. The article provides an outline of the key features of the doctrine, namely the necessity of an. The unexplained accident, the exclusive control of the defendant over the causing factor, and the belief that. Such mishaps often don't happen due to neglect. The article mentions that judges often hesitate to apply res ipsa loquitur in complicated case scenarios. Medical malpractice and product liability generally require the establishment of causality through 12 words of expert testimony. This implies the court's analysis was that the embankment would not give way under a moderate rainfall. figure out the application of the doctrine and how the defendants can rebut the presumption of negligence. The presence of res ipsa loquitur can bring about more negligence claims and facilitate better access to the truth. However, doubts concerning its use create uncertainty. In England, doctrine is capable of presumptively placing the burden of proof on the defendant; courts in Nigeria adopt a discretionary method. According to the study, Nigerian law can improve the efficiency of the doctrine through more precise judicial directions, legislative codification, and expert evidence. Legal practitioners should undergo training on the doctrine’s use and public education programs to use the doctrine more efficiently in actions of negligence. Finally, the study highlights the use of res ipsa loquitur in promoting legal certainty and justice and suggests reforms to enhance its functionality within the Nigerian legal system.