3 (b) That's wrong. The plaintiff must show that the situation indicating negligence was under the exclusive management and control of the defendant or someone for whom the defendant is responsible or whom they have a right to control. If someone else had control of, or access to, the thing, that person might be responsible for the suggested negligence and the plaintiff would then need to establish the liability of the defendant by direct evidence.

In this case, although Tunnel Holdings was not in physical control of the situation in the workshop, it had the full responsibility for ensuring safety in the workplace. This was a sufficient degree of control.