Unit 2 Part 1
Shamica Jones
Kaplan University

Business Law

September 1, 2013

The factors that indicate whether Davis owed Esposito a duty of care, so as to avoid allegations of negligence consist of three basic elements. “They are:
1. The likelihood that Davis’ conduct will injure others, taken with
2. The seriousness of the injury, if it happens,
3. Balanced against the cost of the precaution he must take to avoid the risk of negligence.
. If the product of the likelihood of the injury exceeds the burden of the precautions, the risk is unreasonable and the failure to take precautions is negligence.” The
Louisiana law that set precedents over trip-and-fall cases was Frelow v. St. Paul Fire & Marine
Ins. The ruling in this case was that Louisiana law recognizes a legal duty on the part of employees to exercise reasonable care not to obstruct the flow of pedestrian traffic.
Esposito was walking out of an exit of an arts and crafts show when Davis, an employee of the show’s producer decided suddenly to turn, without warning, and knock Esposito to the ground. One witness account said, “It appeared as if Davis had forgotten something because he snapped his fingers while quickly turning”. Davis admitted that he did not look when he turned. These factors indicate that Davis was negligent. It was the show’s producers’ responsibility to make sure that precautions were taken to avoid risk on the property. Esposito had to prove that Davis caused her to suffer a legally recognizable injury. Also, that Davis caused her injuries by acting improperly.

There are several torts that can be brought to court depending on the situation at hand. In order to have a successful negligence case, the plaintiff must prove the following four elements:.
1. That the defendant owed a duty of care to the plaintiff.
2. That the defendant