Negligence and Duty of Care Essay Example
Business Law
Unit 2: Negligence and Duty of Care
Kaplan University
7/13/13
Negligence and Duty of Care
Gloria Rodriguez
Business Law
August 12, 2013
Negligence and Duty of Care
Scenario: As pedestrians exited at the close of an arts and crafts show, Jason Davis, an employee 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.
As the defendant in a lawsuit alleging negligence, Jason Davis’ position looks bad. First off, as we know from our textbook, Fundamentals of Business Law, (Miller & Jentz, 2010) negligence is an unintentional tort. This means that Jason needn’t have malice towards the injured party nor intent to do harm. Plus, there is no argument that there was causation of fact; that is, Mr. Davis knocked down Ms. Esposito and had he not knocked her down there would have been no injury. Thus, the act was the proximate cause of the injury. A positive answer to the questions of causation of fact and proximate cause are required before a case for negligence can be brought. (ibid.) Though, his knocking Ms. Esposito to the ground was clearly accidental, the legal question is, did Jason act negligently? The facts, as we know them, are that Mr. Davis, “suddenly and without warning,” turned and ran into Ms. Esposito, knocking her down and causing her hip to be fractured. This looks very much like Mr. Davis did not perform the required duty of care in this incident that would allow him escape a charge of negligence. Duty of care, as defined by the freedictionary.com is, “a requirement that a person act toward others and the public with watchfulness,
Unit 2: Negligence and Duty of Care
Kaplan University
7/13/13
Negligence and Duty of Care
Gloria Rodriguez
Business Law
August 12, 2013
Negligence and Duty of Care
Scenario: As pedestrians exited at the close of an arts and crafts show, Jason Davis, an employee 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.
As the defendant in a lawsuit alleging negligence, Jason Davis’ position looks bad. First off, as we know from our textbook, Fundamentals of Business Law, (Miller & Jentz, 2010) negligence is an unintentional tort. This means that Jason needn’t have malice towards the injured party nor intent to do harm. Plus, there is no argument that there was causation of fact; that is, Mr. Davis knocked down Ms. Esposito and had he not knocked her down there would have been no injury. Thus, the act was the proximate cause of the injury. A positive answer to the questions of causation of fact and proximate cause are required before a case for negligence can be brought. (ibid.) Though, his knocking Ms. Esposito to the ground was clearly accidental, the legal question is, did Jason act negligently? The facts, as we know them, are that Mr. Davis, “suddenly and without warning,” turned and ran into Ms. Esposito, knocking her down and causing her hip to be fractured. This looks very much like Mr. Davis did not perform the required duty of care in this incident that would allow him escape a charge of negligence. Duty of care, as defined by the freedictionary.com is, “a requirement that a person act toward others and the public with watchfulness,