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Negligence and Duty of Care

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The factors that indicate whether Davis owed Esposito a duty of care are that some actions can be tolerated to some extent and some actions cannot be tolerated at all. That some actions are right and reasonable while others are not or illegal. Duty of care indicates that we are free to do as we want, whenever we want to as long as we don’t infringe on the interests of others or cause harm. In Business Invitees each and all business have to provide safety and due care of its customer and employees at all times by advising of any dangers, properly training employees and clearing any hidden dangers. Each Business also has to protect every person that comes on all their property and provided a safe environment. Tort negligence occurs when someone or group of people are injure because of someone’s failure to due care. Yvonne Esposito was exiting the arts and craft show where Jason Davis works. Jason collided with Yvonne because he was not careful to make sure no one was behind him before he proceeded and knocked Yvonne to the ground. Jason failed to provide due care to Yvonne. A negligence tort was committed because Yvonne suffer a legal recognizable injury and harm was done to her. Because of these acts, she is entitle of compensations from the injuries that resulted from the negligent acts. Another factor that indicates duty of care is causation. Miller and Jentz writes “If a person fails in a duty care and someone suffers an injury, the wrongful activity must have caused the harm for the activity to be considered a tort”. Two questions have to be answer for causation. One is the causation a fact? Yes it is, the injuries occur because of the Jason’s acts. Two was the act the cause of the injury? That is also true in this incident. Because Jason knocked Yvonne to the ground, Yvonne fractured her hip which needed replacement and surgery. Yvonne now has permanent physical

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