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Esposito Negligance Case Essay

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Unit 2 Assignment
Erika Barron
Business Law   LS311-01
September 4, 2012

As careful as many people try to be, accidents do tend to happen. Unfortunately, Ms. Esposito happened to be in the wrong place at the wrong time. By being knocked down, Ms. Esposito incurred horrible injuries in which she will have to deal with for the remainder of her life. There are many factors in play that caused the injuries and damages in the case of Ms. Esposito.
Jason Davis failed to look around him to see if others were too close by, as a reasonable person would have taken a moment to take a slow turn and monitor his surroundings. Being an employee of the show’s producer, he should be aware of the crowded situation. Also, by speaking up and saying “excuse me” before making an abrupt movement, he would have allowed others to know he was about to move and given them a chance to move out of the way or speak up that they were right there behind him.
As explained by Miller and Jentz(2007), “The tort of negligence occurs when someone suffers injury because another’s failure to live up the required duty of care.” In this situation, the reasonable person standard would be used in regards to Davis’ actions, and the store location is held accountable with the duty of landowners. Under these circumstances, I feel that Davis is in fault of negligence due to not taking the time to make himself aware of his surroundings. He knew he was standing at the exit when the entire audience was trying to make their way through this exit. I do feel that the show could have made other arrangements that would have helped keep an issue such as this from happening. The area where Davis was to be standing could have been blocked off to avoid him from being over run with the people in attendance. Also, they could have provided a more organized exit strategy such as lines or additional exit doors.
Many factors play into this case, both by an individual and a business as a whole. The tort of negligence can...

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