Director Building, Ministry of Housing and Construction and Another vs. Hettiarachchi and Another – sllr 2019 volume 1 page 436

In the dispute between Director Building, Ministry of Housing and Construction and Another (appellant) and Hettiarachchi and Another (respondent), the court addressed the application of the doctrine of res ipsa loquitur in a motor traffic accident involving a lorry with defective brakes, which resulted in serious injuries. It was held that negligence could be presumed under the circumstances, and the burden shifted to the defendant to establish the absence of negligence. The defect in maintenance and the absence of adequate periodic checks on the vehicle’s braking system provided prima facie evidence of negligence. The principle established was that the occurrence of the accident itself, in such context, justifies the presumption of negligence unless robustly rebutted. Legal authorities fr