Danny and Marion Kline were injured when a part of a fireworks display “went astray” and exploded near them. They sued Pyrodyne Corporation, the pyrotechnic company that was hired to set up and discharge the fireworks.
1. Could the Kline’s have brought an action based upon negligence?
2. Could the Kline’s have alleged another theory of liability based upon negligence? If so, what might that theory of liability be?
3. What is the underlying rationale for this theory of liability?
4. According to the textbook, another form of this theory of liability is products liability. The textbook suggests the rationale for this theory of liability differs from the rationale for the theory of liability that could be advanced by the Kline’s. What is the difference in this rationale?