Assignment: Negligence and Duty of Care

Assignment 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.

In your paper, answer the following questions:

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

2. What do those factors indicate in these circumstances?

In your responses to the above questions, be sure to:

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

• Discuss the duty of the storeowner to protect customers from harm.