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Torts Fireworks Shack is a store the size of a large supermarket that stocks a large volume and wide variety of fireworks. Fireworks Shack
Torts 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 posting of warning signs to customers not to smoke in the store, installation of a sophisticated sprinkler 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 thorough investigation 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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