Which doctrine states "the thing speaks for itself" in relation to negligence?

The phrase "the thing speaks for itself" is central to the doctrine of res ipsa loquitur. This legal principle allows a presumption of negligence to arise in cases where the circumstances surrounding an event are so apparent that they imply negligence has occurred, even without direct evidence or witness accounts.

In essence, res ipsa loquitur applies when an accident happens under conditions that typically do not occur without negligence. For example, if a surgical instrument is left inside a patient after a procedure, it is evident that some level of negligence has occurred in the surgical process, as such an event would not happen if proper care were taken. This doctrine effectively allows the court to infer negligence from the mere occurrence of the incident, highlighting that the event itself is enough to demonstrate that a party must have failed to exercise care.

The other concepts mentioned, while relevant to tort and liability law, do not carry the same implication of automatic negligence based solely on the occurrence of an incident. Negligence per se relates to violations of statutory laws, assumption of risk involves an individual accepting known risks, and malpractice specifically addresses negligence conducted by professionals within their field.