Essay on Negligence and Duty of Care

742 Words Aug 4th, 2013 3 Pages
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
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His sudden movement was not in line with the aforementioned watchfulness, attention, caution and prudence that a reasonable person might expect of him given the circumstances. This brings us to the reasonable person standard. The reasonable person standard is, “… a test used to define the legal duty to protect one's own interest and that of others. The standard requires one to act with the same degree of care, knowledge, experience, fair-mindedness, and awareness of the law that the community would expect of a hypothetical reasonable person. The standard is objective in that it compares one's behavior with that expected of a “reasonable person,” without regard to one's intention or state of mind.” In other words, would a hypothetical reasonable person expect that Jason would pay careful attention to his surroundings in an area of foot traffic before turning or making other movements? In this case, it looks like such a person would find Jason Davis negligent.

Our scenario states that Ms. Yvonne Esposito also filed suit against “others.” I submit