To use res ipsa loquitor the plaintiff
needs to show:
that the accident is of a type that ordinarily does not occur without
someone's negligence
that the defendant was in exclusive control of the instrumentality that
caused the damage, and
that the plaintiff was free from fault.
(The last of these three conditions is problematic. Recall that these rules
developed when the general rule was that a plaintiff's contributory negligence
barred recovery.)
It would seem that the plaintiff has met the first requirement. People do
not ordinarily hurt their heads on a grab handle unless someone has been
negligent.
What about the other two requirements?
Link back to assignment 4.