To establish res ipsa loquitur in most states, a plaintiff must demonstrate all but which of the following?

Multiple choice question.

The event was a kind that ordinarily does not occur in the absence of negligence.

The defendant has already been convicted of a crime arising out of the same facts and circumstances applicable to a civil case.

The indicated negligence is within the scope of the defendant's duty to the plaintiff.

Other responsible causes, including the conduct of third parties and the plaintiff, have been sufficiently eliminated.