(3c) 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?
