Business Law

Tort of Negligence

Valerie Coston

Kaplan University

Professor Myra Navarro

July 17, 2012

Yvonne Esposito exited at the close of an arts and crafts show. Jason Davis, an employer of the show’s producer, stood near the exit. Esposito leaving the build she was knocked down to ground by Davis. She fractured her hip, after replacement surgery she was left with permanent physical impairment. Esposito filed suit in a federal district court Davis and others alleging negligence.

The factors that indicate whether Davis owed Esposito a duty of care, because Jason Davis behave unacceptable due to fact it will cause injure to others. He didn’t observe his surrounding before turning around swiftly, which led to Esposito severe injury. Although his actions were unforeseeable and unintentional he needs to act in a certain way and use certain level of precaution to limited the risk, Miller and Jentz (2008). Putnam (2009) according to (negligence is the failure to exercise the care a reasonable or prudent person would toward another).

For example, the U.S. Court of Appeals for the Fifth Circuit ruling in this case was that Louisiana Law recognizes a legal duty on the part of employees to exercise reasonable care not to obstruct the flow of pedestrian traffic. [Esposito v Davis, 47 F.3d 164 (5th Cir. 1995). Davis admitted that he did not look when he turned abruptly. Yes his actions were negligent. However, the storeowner’s is responsible for ensuring that precautions have been taken to avoid risk on the property. Esposito needs have to prove that Davis caused her injuries by acting irresponsible.

References

[Esposito v Davis, 47 F.3d 164 (5th Cir 1995]. The court of Appeal for the Fifth Circuit.

Miller, R., and Jentz, G. (2008). Fundamentals of Business Law part 1. Boston, MA Cengage.

Putnam, C (2009). The Complete Idiot’s Guide to Business Law. New York, NY.