PETERSON V. TAYLOR
316 N.W.2d 869 (1982)
NATURE OF THE CASE: Peterson (P), a minor, appealed a judgment in favor of Taylor (D),
neighbors, against whom the minor had brought a negligence suit after the minor was burned
by D's gasoline.
FACTS: P and D lived on neighboring acreages. P and his three-year-old sister Molly
stopped at D's place on their way home from another neighbor's house. Finding no one home, P
decided to gather some twigs and build a fire on a concrete slab in the Taylors' back yard,
using some matches he had taken from his uncle's car earlier that day. The wind blew that
fire out. P then went to the storage shed, removed a can of gasoline, opened it, smelled it
to confirm that it was gasoline, threw a lighted match into it and stood back to watch the
fire come out of the can. When that fire appeared to have died out, he got a second can of
gasoline, and accidentally spilled some of it on his pants. P's gasoline-soaked pants
somehow became ignited, and he rolled on the ground to put out the fire. P received serious
burns on the lower half of his body and superficial burns on portions of the upper half. P
had opened the shed by standing on his 'tippy-toes' to unlatch it. P knew D stored cans of
gasoline there. P had been told not to go onto D's property when they weren't home, and that
D would not have allowed him to enter the shed had they been present. P knew that gasoline
would burn and might even explode when ignited with a match. P had previously been caught
playing with fire on a few other occasions and had been punished and sternly warned about
the dangers involved. P sued D. An expert testified that a child having P's characteristics
probably would not realize the full extent of the danger involved in playing with matches
and gasoline. The expert also testified that P knew he could be burned by a gasoline fire. D
argued contributory negligence by P. D got the jury verdict and P appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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