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Learning Goal: I’m working on a writing question and need the explanation and answer to help me learn.
Fireworks Shack is a store the size of a large supermarket that stocks a large volume and wide
variety of fireworks. Fireworks Shack is located in an otherwise entirely residential neighborhood
in the city of Hometown.
The owner of Fireworks Shack takes extensive safety measures to prevent fires on the premises,
including the postingofwarning signs to customers not to smoke in the store, installation of a
sophisticatedsprinkler system, and frequent inspections throughout the store by employees
specially trained in fire prevention. Despite these measures, a fire broke out in the store and
caused an explosion that severely injured Neighbor, who was in the back yard of his home,
which is adjacent to Fireworks Shack.
A thoroughinvestigation by the local fire marshal has failed to identify the source of the fire or
any evidence that Fireworks Shack was in any way negligent or that it could have taken
additional precautions to prevent the fire.
In the absence of any evidence of negligence, are there any other theories that might support a
claim by Neighbor against Fireworks Shack? Discuss.
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