Case Scenario: Sam Smith was standing on a platform of B&O Railroad after buying a ticket to go to San Antonio Beach. A train stopped at the station, bound for another place. Two women ran forward to catch it. One of the women reached the platform of the car without incident, though the train was already moving. The other woman, carrying a package, jumped aboard the car but seemed unsteady as if about to fall. One of the guards on the car, who had held the door open, reached forward to help her in, and another guard on the platform pushed her from behind. In this act, the package was let go and fell onto the rails. The package was not big, and was within a plastic bag. The package, later, was determined to have fireworks within it. The fireworks when they fell exploded. The shock of the explosion threw down some scales at the other end of the platform, many feet away. The scales struck the plaintiff, causing injuries for which Sam Smith is suing.
1. Identify the type of tort or crime to be charged
2. If a tort, examine the elements needed to meet this tort and if all elements were met.
3. Evaluate and Recommend which parties should be held liable for the injuries suffered, if anyone?