Textbook notes that: “The tort of negligence occurs when someone suffers injury because of another’s failure to live up to a required duty of care” (Miller, R. , & Jentz, G, p. 90). This is a basic definition of the tort of negligence. To determine whether there was negligence tort committed there must be failure to provide duty of care. 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 breached that duty.
3. That the plaintiff suffered a legally recognizable injury. 4. That the defendant’s breach caused the plaintiff’s injury (Miller, R. , & Jentz, G, p. 90). Davis owed Esposito a duty of care as an ordinary citizen who is expected to act as a reasonable person. In addition the employer is liable for the negligence committed by employees at the time of fork. Textbook notes that: “When someone fails to comply with the duty to exercise reasonable care, a potentially tortious act may have been committed” (Miller, R. , & Jentz, G, p. 90).
In determining the duty of care a reasonable person standard is used by courts (Miller, R. , & Jentz, G, p. 90). 2 What do those factors indicate in these circumstances? In the provided case the four elements that need to be proven by Esposito in order to maintain a negligence action against Davis are as follows: 1. The defendant owed duty of care as an ordinary citizen and as an employee. 2. The defendant was not careful enough to prevent the possible damage to Esposito. 3. The plaintiff’s injuries made her permanently disabled after a serious medical treatment.
4. It is not doubted in the facts that Davis’s actions caused Esposito’s health problems. She was on her feet before they collided. It might be the case that because of her age she was more vulnerable to the failure, but it is irrelevant to the negligence action. The storeowner owes a duty to protect the clients from possible harms. There must be warning sign for specific hazards in order not to cause liability from possible damages. References Miller, R. , & Jentz, G. (2008). Fundamentals of business law part I. Boston, MA: Cengage.