Wyatt and Sally started a charcoal fire for Sally's backyard barbecue and left it uncovered.Then Sally went into the kitchen to make hamburger patties.While Sally was inside,Wyatt backed up to catch a football and hit the grill,knocking the coals onto his feet.In a modified comparative negligence state,who is liable?
A) Sally is liable for ALL of Wyatt's injuries.
B) If Sally is found negligent,Sally is liable for a proportionate share of Wyatt's injuries unless Wyatt's negligence was as great as or greater than Sally's.
C) Sally is not liable for any of Wyatt's injuries.
D) Sally is liable for Wyatt's injuries only if Wyatt was more negligent than Sally.

Question

Quizplus · Accepted Answer

In a modified comparative negligence state, both parties can be found to have contributed to the injury. In this case, Sally's negligence was leaving the fire uncovered while Wyatt's negligence was backing up without looking. If Sally is found to be negligent, she will be liable for a proportionate share of Wyatt's injuries unless Wyatt's negligence was as great as or greater than Sally's.

Wyatt and Sally Started a Charcoal Fire for Sally's Backyard