Thomas, Thomas & Hafer Attorney Adam Kleiber Authors Article for PA Bar Association Quarterly July 2024

TT&H Attorney Adam Kleiber contributed to the PA Bar Association’s Quarterly July 2024 publication, authoring “Res Ipsa Loquitur: The Thing Speaks for Itself, But It Has Nothing to Say.”  This article considers the current status of the doctrine of res ipsa loquitur in Pennsylvania.  It examines the interrelated nature of res ipsa loquitur, direct evidence, circumstantial evidence, and negligence. It challenges the continued significance of res ipsa loquitur in modern torts law given the existence of jury instructions on circumstantial evidence which serve an identical purpose.  Despite its questionable potency, res ipsa loquitur is frequently litigated at the appellate court level due to trial courts declining to provide a jury instruction on the doctrine.  Finally, this article recommends abolishing the doctrine of res ipsa loquitur in favor of more robust negligence and circumstantial evidence instructions.

Adam’s article, in its entirety, can be viewed by clicking on the link: QuarterlyJuly2024.pdf (pabar.org)

Adam is an associate in the Camp Hill, PA office of Thomas, Thomas and Hafer and can be contacted at 717.237.7157 or akleiber@tthlaw.com.