RIL IRL: When Res Ipsa Loquitur Shows Up in Real Life

When it comes to Torts, breach is usually proven the straightforward way. You show what the defendant did (or failed to do), then compare that conduct to the applicable standard of care. But sometimes the evidence you would love to have is missing, unavailable, or locked inside the defendant’s operations.

That is when one of the bar exam’s favorite Latin phrases steps onto the stage: res ipsa loquitur, meaning “the thing speaks for itself.”

Let's call that what it in the wild: RIL IRL (or res ipsa loquitur in real life).

Source: https://people.com

The Moment

In September 2025, a ceiling collapsed inside an IHOP in Brooklyn’s Flatlands neighborhood, injuring multiple diners and prompting a vacate order while inspectors looked into the cause. Reports described a sizable section of ceiling coming down, with officials pointing to possible water damage and citing maintenance concerns.

You don't need to be a Torts professor to hear those facts and think: “A ceiling isn't supposed to do that.”

That reaction is exactly what res ipsa loquitur is built for.

The doctrine allows a plaintiff to rely on circumstantial evidence to get past the “but where is the proof of breach?” problem. The idea is simple: Some events are so unusual, and so inconsistent with ordinary care, that the event itself supports an inference of negligence.

A sudden ceiling collapse in a restaurant, while customers are simply eating breakfast, is the kind of occurrence that naturally invites the question: Who failed to inspect, repair, maintain, or respond to warning signs?

The Checklist

On the bar exam, you are looking for a fact pattern that supports these core ideas:

• First, the event is the type that ordinarily doesn't happen without negligence.

• Second, the negligence is likely attributable to a defendant in this position, often because the instrumentality or premises were in the defendant’s exclusive control.

• Third, the plaintiff didn't cause it (the “I was just sitting there eating pancakes” factor).

That IHOP story practically walks you through those points: Diners aren't acontrolling ceiling conditions, and ceilings don't typically collapse in a well-maintained restaurant.

The Reminder

Here is the bar-exam nuance students oftentimes miss: Res ipsa loquitur usually doesn't mean the plaintiff automatically wins. It simply means the plaintiff has enough to get to the jury on breach, because the jury may infer negligence from the event.

So if you see answer choices that treat res ipsa like strict liability, or like an automatic directed verdict for the plaintiff, be skeptical. The classic idea is that res ipsa loquitur permits an inference, it doesn't compel one.

That is RIL IRL: When the facts are loud enough that the doctrine speaks.