left a scalpel in the patient's body. In such cases, it is said that "the thing speaks for itself" (res ipsa loquitur), and it is for the defendant to show that the fact causing the damage was not attributable to his negligence. The claimant may raise res ipsa loquitur to shift the evidential burden to the defendant. To do so, following criteria must be satisfied: 1. The incident occurred in an unexplainable fashion; 2. The incident would not have occurred in the ordinary course of events if not defendant's negligence; and 3. The defendant or defendants had control of the injury causing object. See also Damages Bolam Test Notes References Thomas Beven, "Principles of the Law of Negligence", London: Stevens & Haynes (1889). Wenham, David. (1998). "Negligent Children". 4 WebJCLI'' English tort law