Business Law

Unit 2 Assignment

Kaplan University

February 12, 2013

Unit 2 Assignment

As pedestrians exited at the close of an arts and crafts show, Jason Davis, and employer of the show’s producer, stood near the exit. Suddenly, without warning, Davis turned around and collided with Yvonne Esposito, an 80-year-old woman. Esposito was knocked to the ground, fracturing her hip. After hip replacement surgery, she was left with a physical impairment. Esposito filed suit in a federal district court against Davis and others, alleging negligence.

Negligence is defined as conduct which falls below the standard established by law for the protection of others against an unreasonable risk of harm. In this case when Jason Davis collided with Yvonne Esposito knocking her to the ground and causing her harm, he failed to exercise reasonable care. Therefore, Davis may owe Esposito a duty of care under the following three factors. 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. The possibility of the injury surpasses the burden of the precautions, the risk is unreasonable and the failure to take precautions is negligence.

The factors indicate that the burden that was placed upon the employer & employees “to keep a proper lookout in the access area to the building is light compared to the likelihood of serious injury when a patron is knocked to the ground.” Jason Davises conduct did injure others by knocking Yvonne Esposito to the ground; the seriousness of the injury was the fracturing of her hip, and failing to exercise precaution by turning around suddenly and without warning. These factors are true and therefore Jason Davis was negligent.

References

Jentz, R. L. (2010). Fundamentals of Business Law: Summarized Cases Eighth Edition. Mason: South-Western Cengage Learning....