Marisol and her family are watching a fireworks display at Wonder World, a privately owned amusement park. The park is crowded and they decide to watch from an unguarded restricted area. During the display, a fireworks rocket sputters from its intended path and hits Marisol, causing her burns on her face and arm. What are the potential tort theories of recovery that Marisol might allege? What defenses does Wonder World have to each of these causes of action?
What will be an ideal response?
Marisol may allege that the Wonder World was negligent or that it was strictly liable for her injuries. Various allegations of negligence may include the operation of the fireworks, the lack of guards in restricted areas or the number of people allowed to attend the event. The defense of contributory negligence would be raised, because Marisol was in a restricted area, and the amount of any damages would be reduced by the percentage of her comparative negligence. Marisol may allege that Wonder World is strictly liable for her injuries because fireworks are inherently dangerous and it should be liable regardless of fault. The only defense that could be raised is that strict liability does not apply to such activities.
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