📖 Read the passage, then answer the questions below
In an ordinary claim of negligence, the person bringing the claim must prove exactly how the other party was careless -- what specific act or omission fell below the standard of reasonable care. Res ipsa loquitur, meaning "the thing speaks for itself," is a rule of evidence that eases this burden in a narrow category of cases where the very fact that an accident occurred permits an inference of negligence, without the claimant needing to prove the specific act of carelessness involved.
The rule applies only where three conditions are all satisfied. First, the thing or activity that caused the harm must have been under the exclusive control of the defendant at the relevant time. Second, the accident must be of a kind that would not ordinarily happen in the absence of negligence -- an event that, based on common experience, simply does not occur unless someone was careless. Third, there must be no other equally plausible explanation for the accident, such as the claimant's own conduct or the act of some third party, that would account for it just as well.
Where all three conditions are met, the burden shifts to the defendant to offer an explanation consistent with the exercise of reasonable care; if the defendant cannot do so, negligence may be inferred from the accident itself. The rule does not, however, establish negligence conclusively -- it merely permits an inference that the defendant must then attempt to rebut. Nor does it apply merely because an accident is unusual or unfortunate; if the accident is of a kind that can readily happen even with reasonable care, or if the instrumentality was not within the defendant's exclusive control, or if some equally plausible alternative explanation exists, the rule does not apply and the claimant must prove specific negligence in the ordinary way.
Question 1
A brand-new elevator, installed and maintained exclusively by the building's management, suddenly free-falls several floors before stopping abruptly, injuring an occupant. Elevators properly installed and maintained do not ordinarily free-fall absent some negligence. Can the injured occupant invoke res ipsa loquitur against the building management?
Question 2
A crane operated exclusively by a single demolition company drops its load onto a parked car in a properly cordoned-off area with no public access, and no evidence of any third-party interference exists. Cranes operated with reasonable care do not ordinarily drop their loads absent negligence. Can the car owner invoke res ipsa loquitur against the demolition company?
Question 3
A barrel of flour falls from the upper floor of a warehouse operated exclusively by X and injures a passerby on the public street below. No one else had any access to that floor. Can the passerby rely on res ipsa loquitur against X?
Question 4
A skydiving instructor's parachute, packed and inspected exclusively by the instructor's own equipment team shortly before the jump, fails to open properly during a routine jump, injuring the instructor. Properly packed and inspected parachutes do not ordinarily fail absent some negligence. Can the injured instructor invoke res ipsa loquitur against the equipment team?
Question 5
Consider the following three independent situations:
Situation P: A ceiling fan, installed and maintained exclusively by a landlord, falls without warning and injures a tenant, with no other plausible cause evident.
Situation Q: A customer slips on a spill in a public market aisle accessible to hundreds of shoppers and several different vendors throughout the day.
Situation R: A patient develops an infection at a surgical site while under the exclusive care of a single surgical team, of a kind that would not ordinarily occur with proper sterile technique, with no other plausible explanation.
In which of these situations could res ipsa loquitur most plausibly be invoked?