Duty of Care and Negligence

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.

1. What are the factors that indicate whether Davis owed Esposito a duty of care?

2. What do those factors indicate in these circumstances?

Discuss the tort of negligence and how it applies to our facts.

Discuss the duty of storeowner to protect customers from harm.

Solution Summary

The duty of care is a legal obligation requiring an individual to exercise reasonable care. This case study is presented in the format of the laws that applied in the affected state at the time of the case.