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Mary was celebrating New Years Eve in her apartment by igniting fireworks out of her window. After setting off a large Roman candle toward the
Mary was celebrating New Years Eve in her apartment by igniting fireworks out of her window. After setting off a large Roman candle toward the adjacent apartment building, Mary inadvertently set fire to a bush under Thomass apartment window. Smelling the smoke, Thomas quickly rushed outside and put the fire out before it could cause damage to his apartment, but not before sustaining serious burns to his hands. Thomas is suing Mary for negligence resulting in the injuries to his hands. In a jurisdiction following the reasoning and the ruling of the court in In re Polemis, Thomas will likely:Question options:a Prevail because although Marys negligence may not have directly caused the burns on Thomass hands, some form of damage or injury could be reasonably expected from Marys negligent act in setting off fireworks out of her window.b Prevail because most jurisdictions provide private relief for violations of public safety regulations, and igniting fireworks in an apartment complex most likely violates these regulations.c Not prevail because the burns on Thomass hands were not a foreseeable consequence of Marys actions.d Not prevail because Thomas assumed the risk of putting out the fire outside his apartment.
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