Res Ipsa Loquitor—An Analysis of Its Application and Procedural Effects in Nebraska

Of the numerous Latin phrases that have crept into the law, the maxim res ipsa loquitor is perhaps the best known. Yet, this innocuous phrase, which means nothing more than "the thing speaks for itself," has been the source of much confusion and disagreement. This divergence of opinion is centered around the proper application and the procedural effect of the rules which have been promulgated by the courts in giving effect to and in applying this phrase. The purpose here is briefly to summarize the different positions taken with respect to this doctrine, and then to take a critical look at the application of res ipsa loquitor in Nebraska.