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When someone is caused injury at the hand of another, be it intentional or accidental, they may decide to take the matter to court to gain legal remedy. The court hears the injured person’s case to determine if damages due to negligence are warranted. Determining negligence can be complicated, especially in cases involving accidents like Esposito vs. Davis.
The Esposito vs. Davis case concerns Esposito sustaining injury while exiting an arts and crafts show that Davis was working at. Davis, who was stationed at the exit, bumped into Esposito when he quickly turned around causing her to fall to the ground. When considering the facts of the case, the question of whether or not Davis took reasonable care or acted carelessly when the incident occurred is needed to determine his duty of care. Esposito can claim Davis is unintentionally negligence, because he was not aware of his surroundings and her injury is a result of that lack of awareness. Even though it appears Davis’ actions were not deliberate or intentional, he is negligent according to the legal definition. The matter of revealing if duty of care was or was not displayed by Davis, resulting in her legally recognizable and long-term injury is the main factor Esposito must prove. Negligence can be claimed by Esposito if these points are proven.
The duty to warn business invitee of risks tort is appropriate in this case since Esposito is also filing suit against Davis’ employer. Miller and Jentz (2008) states the tort declares, “retailers and other firms that explicitly or implicitly invite persons to come onto their premises are usually charged with a duty to exercise reasonable care to protect those persons, who are considered business invitees.” Therefore, responsibility of ensuring proper training for employees focusing on the interactions and care of the show’s patrons lies with the arts and crafts show producers. Based on that fact, Esposito’s injury can be attributed to their actions,...