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Peterson v. Taylor

Iowa Supreme Court

316 N.W.2d 869 (1982)

Relevant factsFree

Seven-year-old David Peterson (plaintiff), visiting the neighboring Taylors' (defendants) empty home, tried and failed to start a fire with twigs, then retrieved and used two cans of gasoline from their shed, accidentally spilling gasoline on his pants and suffering serious burns when they ignited. An expert testified David was of average intelligence, would not have fully grasped the danger of gasoline and matches, but would have understood he could be burned by fire. David's parents sued the Taylors for negligence; the Taylors argued contributory negligence, and the jury found for the Taylors.

IssueFree

Whether the standard of conduct to which a child must conform to avoid being found negligent is that of a reasonable person of like age, intelligence, and experience under like circumstances.

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