RoofCo establishes that on the day of the accident two employees of the general contractor, an employee of a painting subcontractor, and the city building inspector were on the roof on the day of the accident. 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 a theory of res ipsa loquitur because there is evidence RoofCo was not in exclusive control of the roof.
d. Will likely prevail on a theory of res ipsa loquitur because all elements of res ipsa loquitur appear to have been met.


C

Legal Studies & Paralegal

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