Duty of Care

Duty of Care and Negligence

Being a business owner or even someone shopping at a location can be held liable for damages or have the risk of being sued. In the case of the accident which involved Jason Davis colliding with an 80 year old woman and causing her to break her hip and become physically disabled, Davis was at risk of being sued and held liable.

Duty of care is defined as a requirement that a person act toward others and the public with watchfulness, attention, caution and prudence that a reasonable person in the circumstances would. If a person's actions do not meet this standard of care, then the acts are considered negligent, and any damages resulting may be claimed in a lawsuit for negligence (Hill, 2012). This states that individuals in a public location should be aware of their sourroundings and cautions of others and their property.

The factors that show that Davis could be held liable for the injuries in the duty of care issue include the fact that he was not paying attention. He was not being causius and watching what he was doing before he just turned around and started to walk. Davis should have been more aware of his sourroundings and not just standing at the exit of a building. Exits are used mostly for just exiting and not just standing there. Davis actions would indicate that he was not paying attention at the time and he could be held responsiable for runnning into the woman and causing harm.

The woman suing for Negligence can get damanages due to the fact that she was injured and is not physically disabled due to the accident. Negilence can be defined as when an individual or entity fails to act as a reasonable person to someone whom he or she owes a duty to (Negligence Tort at a Glance, 2012). It is also the responsibility of the store owner to have make sure no one is blocking the door way or entrances. The store owner could have made sure nobody stands in the doorway. He could have posted a sign that it was an exit and people...