The_Case

Gilberto Carreras Business Law LS311 Professor: Brent Halbleib Unit 2 There are several torts that can be brought to court depending on the situation at hand. There are also several ways that the plaintiff can be compensated for the actions that are being brought about by the complaint. Ms. Yvonne Esposito regarding duty of care brought on a negligence tort against Jason Davis. Ms. Esposito was knocked down while trying to exit the premise of the arts and craft show that she had attended Negligence is defined as an unintentional tort and occurs when someone is injured because of the failure of someone else. Duty of care is the obligation by an individual to keep foreseeable harm from others. Certain actions can be tolerated and some cannot; which simply means that some actions are right and some actions are wrong. (Fundamentals of Business Law, pg. 80) In this case John Davis was at the exit while patrons left the art show. Unexpectedly Mr. Davis spun around colliding with Ms. Esposito. Ms. Esposito, an 80-year-old woman, fell to the ground because of the collision with John Davis. The fall to the ground fractured Ms. Esposito’s hip and resulted in replacement hip surgery for her. The law recognizes the duty on the part of the employer to keep the flow of the pedestrians unobstructed. The burden imposed upon John Davis to keep a proper lookout in the access area to a building is easy to show. Whereas, showing the likelihood of serious injury when a patron is knocked to the ground is much harder to prove. The burden of such a precaution is reasonable in order to protect customers or pedestrians in their use of the access areas to a building." AN employee is an extension of the employer and is under the same obligations. While John Davis’s intentions were simply to move from one point to the next and unintentional they were careless. His actions were also preventable. He could have used better judgment and common sense to move from the exit in a safer manner. Davis’ lack of judgment resulted in Ms. Esposito’s injury and was definitely preventable. Reference: Miller, R.L. & Jentz, G.A. (2010). Fundamentals and Business Law: Summarized Cases. 8th Edition.  Cengage  Learning