A few states would probably come to this result. But the thinking in most states and in the Restatement of Torts (second) is to reject this few as too harsh. Why?

Both Alice and Bob have been negligent with respect to Charles. The defendants are in a better position to explain what happened. The bottom line is this: as between the innocent Charles and the wrongdoers Alice and Bob, who should bear the burden?

Link back to assignment 6