What-are-the-potential-tort-theories-of-recovery-that-Marisol-might-allege-homework-help-

What-are-the-potential-tort-theories-of-recovery-that-Marisol-might-allege-homework-help-

Discussion Question

The burden of proof in tort actions is on the plaintiff, who must prove the elements of the tort by a preponderance of the evidence. This is a lesser degree of proof than that in criminal cases, beyond a reasonable doubt.

Please respond to all of the following prompts:

You are a paralegal and a new client has come into your office. Marisol and her family were watching a fireworks display at Wonder World, a privately owned amusement park. The park was crowded and they decided 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?
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