Business Law

Patricia Norris

LS311: Business Law

Professor, J. McGovern

04/01/2013

This week case study focuses on Mr. Davis, an employer and producer of an arts and craft show and Ms. Esposito who was visiting the show. Mr. Davis in this case was standing near the exit when he suddenly turns and knocks Ms. Esposito down. In the fell Ms. Esposito fractured her hip and had to have hip replacement surgery, which left her with a physical impairment. She is seeking suit for her injuries through the federal court against Mr. Davis and others; alleging negligence.

The factors that would indicate that Mr. Davis may or may not owe Ms. Esposito a duty of care if the fact that his action of suddenly turning and knocking her down, left her with a lifelong physical impairment. Even though this action is unforeseeable and unintentional, Mr. Davis is liable for his action under the tort of negligence. (Miller & Jentz, 2010).

The Legal Information Institute (2010) defines negligence as a “failure to behave with the level of care that someone of ordinary prudence would have exercised under the same circumstances. The behavior usually consists of action, but can also consist of omissions when there is some duty to act.” Because this is an unforeseeable accident, Ms. Esposito will have to prove that Mr. Davis owned her a duty of care and that he breached that duty. (Miller & Jentz, 2010, p.90)

Miller and Jentz (2010) defines a breach of duty as “an carelessly act or carefully performed but nevertheless dangerous act that results injury”. In this case Davis’s duty was breached when Ms. Esposito had to have hip replacement surgery due to the damage that was caused by the fall.

To protect their customers from harm a storeowner has a duty to repair and correct any known dangers. They also have the duty to reasonably inspect for and correct unknown hazards in areas of the business which a customer might have access to. (Miller & Jentz, 2010)....