What Is Negligence

Negligence

LS311: Business Law I

April 30, 2013

The situation: As pedestrians exited at the close of an arts and crafts show, Jason Davis, an employer of the show’s producer, stood near the exit. Suddenly and 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 permanent physical impairment. Esposito filed suit in a federal district court against Davis and others, alleging negligence.

What is tort of negligence? It is when a person suffers from injury because of another’s failure to love up to a required duty of care. In order for negligence to take place the risk must be “foreseeable”- that is, it must be such that a “reasonable” person engaging in the same activity would anticipate the risk and guard against it. To win a case of negligence action, the plaintiff must prove each of the following:

1. That the defendant owed a duty of care to the plaintiff.

2. That the defendant breached that duty.

What is a “reasonable person”? As stated by our eBook, “The reasonable person standard is said to be (though in an absolute sense it cannot be) objective. It is not necessarily how a particular person would act. It is society’s judgment on how people should act. If the so-called reasonable person existed, he or she would be careful, conscientious, even tempered, and honest.” (Miller & Jentz, 2008)

Business owners are required by law to warn business invitees of any foreseen risk. For example if a supermarket mops a floor by law they a required put a “caution wet floor” sign in clear sight for patrons to see. The “exit” door is there for a reason, to exit. Davis was negligent for standing near the exit door and should have been more careful when turning around. Davis should have been aware of the fact that he was standing near an exit and should be on...