Question
Claire brought her truck to Darius's garage for repairs. In the course of the job, Darius carelessly punctured the gas tank. Fuel leaked onto the
Claire brought her truck to Darius's garage for repairs. In the course of the job, Darius carelessly punctured the gas tank. Fuel leaked onto the floor of his garage and was ignited when he carelessly threw a cigarette butt away. When he noticed the small blaze, he was in the process of carrying a heavy piece of equipment over to the truck. He instructed Claire, who was waiting for her vehicle, to use a nearby fire extinguisher. Unfortunately, she panicked. Instead of grabbing the fire extinguisher, she tried to douse the small, but rapidly growing, flame by throwing snow on it. Her effort was unsuccessful and within a short time, her entire truck was destroyed. Darius has admitted liability, but he insists that Claire was contributorily negligent and should shoulder part of the blame for the damage. Is he correct? Why or why not?
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