Yvonne Esposito Case

Scott Whitehead

Unit 2 Assignment-Case of Yvonne Esposito vs. Jason Davis

Business Law I

The factors that indicate whether Davis owed Esposito a duty of care consist of three basic elements. “They are the likelihood that his conduct will injure others, taken with the seriousness of the injury if it happens, and balanced against the cost of the precaution he must take to avoid the risk. If the product of the likelihood of the injury exceeds the burden of the precautions, the risk is unreasonable and the failure to take precautions is negligence.”

Esposito was walking minding her own business and Jason Davis, a producer of the Arts and Crafts show stood at the exit door. All of a sudden, he decided to suddenly turn for some unknown reason knocking Yvonne Esposito down to the ground and she fractured her hip. Because Yvonne Esposito ended up having hip surgery due to physical hip injury, she can sue for negligence (Jentz and Miller, 2008, pg. 90). One of the possible reasons why Jason Davis turned around quickly is because maybe he forgot something and turned around to get it. Also, he was standing right near the exit door. He should have looked before turning quickly around. Davis admitted that he did not look when he turned around near the exit. These factors indicate that Davis was negligent. The storeowner should not be held responsible for this lady’s injury because it was the employer who knocked the lady down to the ground and caused her injury even though it occurred on storeowner’s property. Nevertheless, Esposito has to prove that Davis caused her to suffer a legally recognizable injury. Yvonne can also recover damages from the fall causing harm to her hip (Jentz and Miller, 2008, pg. 91).

Reference

Jentz, G. A., & Miller, R. L. (2008), Fundamentals of Business Law Part 1