In a Negligence or Malpractice Case, All of the Following

In a negligence or malpractice case, all of the following elements must be present in order to shift the burden of proof onto the defendant EXCEPT the

A) event would not normally have occurred in the absence of negligence.
B) health care facility does not have a risk management program.
C) defendant had exclusive control over the instrumentality that caused the injury.
D) plaintiff did not contribute to the injury.