In early july, Susy is in Fabulous Freddie's Fireworks Forum Purchasing fireworks for the upcoming Independence Day Holidays. There are "no smoking" signs at the entry door to the store and throughout the store. This store operates only a few weeks in an otherwise vacant building. The store is fairly crowded because Independence Day is just a few days away. As Susy is waiting to pay for her purchases, there is suddenly screaming as a customer apparently lights some fireworks inside the store. The large crowd of customers runs for the door. As Susy is trying to push her way out, sparks from the exploding fireworks ignite some fireworks that Susy is holding in her left hand. About ten seconds after Susy get through the front door there is a massive explosion and flying debris injures Susy's right left. Susy files suit against Freddie, the owner and operator of the fireworks store. Susy seeks damages for the injury to her left hand, right left and for negligent infliction of emotional distress. Among the allegations in Susy's complaint, she claims that the store personnel improperly supervised customers and allowed too many persons in the store. Analyze strengths and weaknesses of each party's case and the likely outcome. Be sure to discuss separately each claim to the extent that the analysis would differ. Look at it both from the issue of liability for the store and any defenses they might have that would diminish the liability. Did Susy do anything that might relieve Freddie's from some liablity?

To analyze the strengths and weaknesses of each party's case and the likely outcome, let's break down the different claims made by Susy and examine any potential defenses and factors that may affect liability.

1. Negligence in allowing too many persons in the store:
Susy alleges that the store personnel improperly supervised customers and allowed too many people in the store, leading to the crowded and chaotic situation that contributed to her injuries.

Strengths (Susy's case):
- There were "no smoking" signs at the entry door and throughout the store, indicating some level of safety awareness.
- Susy can argue that the store personnel should have been more vigilant and ensured compliance with safety precautions, such as preventing customers from lighting fireworks indoors.

Weaknesses (Susy's case):
- It may be challenging to prove that the store personnel were directly responsible for the overcrowding since Independence Day is a popular time for purchasing fireworks.
- If the store had a reasonable system for managing the number of customers, it may diminish the argument of improper supervision.

Defenses (Freddie's case):
- Freddie can argue that they took reasonable steps to prevent overcrowding or limit the number of customers but were overwhelmed due to the rush of customers during the holiday season.
- If there are records showing that the store had implemented guidelines to manage crowd control, it could support their defense and reduce their liability.

Likely outcome:
The outcome will depend on the specific evidence presented, witness testimonies, and the interpretation of negligence by the court. If Susy can sufficiently demonstrate that the store personnel were negligent in their supervision leading to overcrowding, there is a possibility of some liability falling on Freddie, the store owner.

2. Injury to Susy's left hand:
Susy seeks damages for her injured left hand, which caught fire due to sparks from the exploding fireworks she was holding while trying to leave the store.

Strengths (Susy's case):
- Susy can establish that her injuries were a direct result of the exploding fireworks caused by the incident in the store.
- The "no smoking" signs can support Susy's argument that fireworks should not have been ignited indoors, contributing to her injuries.

Weaknesses (Susy's case):
- It may be questioned why Susy was holding fireworks while trying to evacuate, potentially arguing that she contributed to her own injuries.
- Susy may have to prove that there were no warning signs or instructions provided by the store personnel regarding holding fireworks while fleeing.

Defenses (Freddie's case):
- Freddie can argue that Susy's injuries were a result of her own negligence in holding fireworks during the evacuation.
- They might claim that there were clear warnings or instructions provided to customers on proper handling of fireworks during emergencies.

Likely outcome:
The court would likely consider both parties' arguments, including each party's degree of contribution to the incident. If the court finds that the store personnel's negligence significantly contributed to Susy's injuries, there is a possibility that Freddie could be held partially liable.

3. Negligent infliction of emotional distress:
Susy claims damages for negligent infliction of emotional distress, likely due to the traumatic experience of being in a crowded store during the explosion.

Strengths (Susy's case):
- Susy can demonstrate that she experienced emotional distress as a result of the incident, potentially supported by medical or psychological evidence.
- The traumatic nature of the explosion and the fear during the evacuation can be used as evidence.

Weaknesses (Susy's case):
- Negligent infliction of emotional distress claims usually require proof of physical harm or endangerment, which may be harder to establish in Susy's case.

Defenses (Freddie's case):
- Freddie can argue that the emotional distress suffered by Susy was not directly caused by their negligence but rather the result of the unforeseeable force of the explosion.

Likely outcome:
The court's decision on this claim will depend on various factors, including the jurisdiction's specific legal requirements for negligent infliction of emotional distress. If Susy can show that the traumatic experience was a direct result of the store's negligence, she may have a chance of obtaining damages.

Did Susy do anything that might relieve Freddie's from some liability?
Susy's actions, such as holding fireworks while trying to evacuate, might have contributed to her own injuries. If the court determines that Susy's actions were negligent and significantly contributed to her harm, it could decrease Freddie's liability and potential damages.

Remember, the likely outcome and the degree of liability will depend on the specific evidence and arguments presented in court, as well as the interpretation of negligence and liability laws by the judge or jury.

Strengths of Susy's case:

1. The presence of "no smoking" signs at the entry door and throughout the store suggests that Fabulous Freddie's Fireworks Forum took precautions to prevent accidents.
2. The fact that the store operates for only a few weeks in an otherwise vacant building may indicate a lack of proper safety measures or training for customers.

Weaknesses of Susy's case:
1. It may be difficult to prove that the store personnel improperly supervised customers and allowed too many persons in the store, especially considering the crowded nature of the store during the Independence Day rush.
2. Susy's act of holding fireworks in her left hand could be seen as negligent on her part, potentially contributing to her own injury and weakening her claim of the store's negligence.

Likely outcome for Susy's claim of damages to her left hand:
Susy may have a stronger case for damages to her left hand since it was directly caused by the sparks from the exploding fireworks. The store's negligence in allowing customers to light fireworks inside the store could potentially be established.

Likely outcome for Susy's claim of damages to her right leg:
The massive explosion that occurred ten seconds after Susy exited the store and injured her right leg could be seen as an unforeseeable event. It may be challenging for Susy to establish a direct causal link between the store's negligence and her right leg injury, making this claim weaker.

Likely outcome for Susy's claim of negligent infliction of emotional distress:
Susy may have difficulty proving negligent infliction of emotional distress, as it typically requires showing extreme or outrageous conduct on the part of the defendant. The mere presence of sparks and the subsequent explosion may not meet this threshold.

Susy's potential contribution to relieving Freddie's liability:
Susy's act of holding fireworks in her left hand could be considered a contributory factor to her own injury. This could potentially relieve Fabulous Freddie's Fireworks Forum from some liability, as Susy's own negligence may be seen as a partial cause of her injuries.