The second element is discussed further in the section below. The third element requires the absence of contributory negligence from the plaintiff. The fourth element emphasizes that defendant may defeat a res ipsa loquitur claim by producing evidence of a non-negligent scenario that would completely explain plaintiff's injury and negate all possible inferences that negligence could have occurred.
The second element is discussed further in the section below The third element requires the absence of contributory negligence from the plaintiff The fourth element emphasizes that defendant may defeat a res ipsa loquitur claim by producing evidence of a non-negligent scenario that would completely ex.plain plaintiff's injury and negate all possible inferences that negligence could have occurred.