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
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?