Roscoe is building a new home. After hours, he invites his friend Jacob to see the home which is in a state of partial construction. While visiting, a roof tile falls from the roof and injures Jacob. Jacob sues the roofing contractor, RoofCo, alleging negligence under a theory of res ipsa loquitur. RoofCo employees were the only ones on the roof earlier that day. In his suit, Roscoe:
a. Will likely not prevail on a theory of res ipsa loquitur because roof tiles regularly fall off roofs without anyone being negligent.
b. Will likely not prevail on a theory of res ipsa loquitur because Jacob should have anticipated a roof tile would fall on him.
c. Will likely not prevail on the theory of res ipsa loquitur because there is no evidence RoofCo was in exclusive control of the roof.
d. Will likely prevail on the theory of res ipsa loquitur because all elements of res ipsa loquitur appear to have been met.
D
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