mean that there has been no breach. Even if it is attempted to be shown but fails, there may be other bases of breach. Excuse Occasionally, there is a valid excuse for violating a safety statute, namely when it is safer or arguably safer to violate than to comply with it. This happened in Tedla v. Ellman. A statute required pedestrians using roadways to walk against traffic. At the time in question, there was heavy traffic going the opposite direction as the plaintiff. Therefore, the plaintiff would have had to walk past many more vehicles, arguably increasing his chances of being hit. So, the plaintiff walked with traffic on the other side of the road, thus violating the statute. There were far fewer vehicles travelling that direction, but the plaintiff was hit anyway. Even though the purpose of the statute was to prevent precisely the result that occurred, the plaintiff nonetheless prevailed because of a valid excuse for violating the statute, namely that it was probably safer not to comply. Violation of custom Breach can be shown in most jurisdictions if a defendant violates a custom that is widespread and itself reasonable. For example, where ten percent of a certain industry does a certain thing, it probably will not be considered a custom for purposes of breach in negligence. Alternatively, if 90 percent of a certain industry does a certain thing, but the thing is inherently unsafe, and it is upholding the custom as a cost-saving measure, violation of that custom (doing something safer) will not constitute breach. As with violation of statute, this is an alternative way to show breach. Therefore, just because it cannot be shown, or is attempted to be shown but fails, does not mean that there has been no breach. There may be other ways of showing breach. Trimarco v. Klein, 56 N.Y.2d 98, 436 N.E.2d 502 (1982), decided that customary conduct is not conclusive (although it is good evidence) of what will be reasonable. Res ipsa loquitur This is a Latin phrase that means "the thing speaks for itself." It is a rare alternative basis of breach. Ordinarily, it only applies when the plaintiff has little or limited access to the evidence of negligent conduct. Res ipsa loquitur requires that the defendant have exclusive control over the thing that causes the injury and that the act be one that would not ordinarily occur without