Homer, Barney, Karl, Lenny, and Moe decide to go hunting. When they're all in the woods, they each start a camp fire, all of which quickly spreads resulting in the nuclear power plant being burned down. Only one of the fires could have burned down the plant. Mr. Burns sues Homer for negligence. Can he recover?

Question

Crystal Nielsen

Social Studies

18 August, 06:30

Homer, Barney, Karl, Lenny, and Moe decide to go hunting. When they're all in the woods, they each start a camp fire, all of which quickly spreads resulting in the nuclear power plant being burned down. Only one of the fires could have burned down the plant. Mr. Burns sues Homer for negligence. Can he recover?

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Answers (1)

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Angela Cooke · Answer 1

Answer:he can under the substantial factor test.

Explanation:

The "Substantial Factor" test

This test is used to determine if there is a proximate cause for a damage or injury caused.

The court will evaluate the defendant actions in order to see if there is a justifiable reason relevant to what the defendant did which resulted to the injury.

Any materially contribution to harm is a substantial factor because a logical person will evaluate their actions and recognise those which will cause negative impact or harm.

If this one fire which burned the plant was the one initially started by Homer then that is a substantial factor which allows Mr Burns to sue Homer for negligence because eventhough they all started the fire but only one of it burned the plant.