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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