Which of the following is NOT a requirement of Res Ipsa Loquitur?

Res Ipsa Loquitur is a legal doctrine used in tort law that allows an inference of negligence to be drawn from the very nature of an accident or injury, even without direct evidence of the defendant's actions. To establish a claim under Res Ipsa Loquitur, certain requirements must be met.

The first requirement is that the accident ordinarily occurs as a result of negligence. This means that the type of accident that happened is typically associated with negligent behavior, which helps to establish a basis for inferring that negligence occurred in the situation at hand.

The second requirement stipulates that the accident must be of a type that typically indicates negligence. This reinforces the idea that there is a general understanding or precedent that such accidents are not expected to happen without negligence.

One of the key tenets of Res Ipsa Loquitur is that the instrumentality causing the injury must have been under the control of the defendant, not the plaintiff. This implies that for the doctrine to apply, the defendant must have had the responsibility and authority over the object or situation that directly resulted in the harm.

The choice identified as not a requirement—focusing on instrumentality within the plaintiff's control—incorrectly suggests that the plaintiff's control is relevant. However, the essence