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NEGLIGENCE AND DUTY OF CARE     1

Negligence and Duty of Care
Ileana Vidal
Kaplan University

NEGLIGENCE AND DUTY OF CARE         2
Negligence and Duty of Care
Scenario: As pedestrians exited at the close of an arts and craft 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 80yr-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 is not good at all.   The tort of negligence occurs when someone suffers an injury because of another’s failure to live up to a required duty of care.   (Miller, R., & Jentz, G (2010)).   As we see in this case by Davis turning around without looking first to see if someone was behind he knocked down Esposito.   To succeed in negligence Esposito has to prove 4 things.   The first thing she has to prove is Duty of Care and since Davis is an employee of the show’s producer he definitely owes Esposito Duty of Care.   Duty of care is measured by the Reasonable Person Standard.   This means that the court would ask the question of what a reasonable person would have done or how would’ve acted in that situation.   The second one is that Davis breached that Duty of Care, and by Davis not looking before turning he breached it.   The third one is to prove that she suffered legally recognitionable injury, since Esposito because of the fall fractured her hip and had to have hip surgery so definitely that is already proven.   The last one is that Davis breach of Duty of Care caused the injury, like I mentioned earlier because of Davis not looking to see if someone was
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