posted by EVA on .
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?