Under regulations of the Americans with Disabilities Act, retailers are required to leave $32$ inches of space between their merchandise displays to allow wheelchair patrons to move about the store freely. Macys leaves only $24$ inches of aisle space between fixtures. ne day as a customer was trying to get a better look at a selection of T$-$Shirts, her wheelchair caught on a rack and overturned, injuring her badly. Under what theory is the customer most likely to be successful in suing Macys?