Joanna Aeschbacker Assignment Unit 2 LS311

Joanna Aeschbacker Assignment Unit 2 LS311 - reasonable...

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Joanna Aeschbacker Unit 2 Assignment Unit 2 Assignment – The Esposito Case Joanna Aeschbacker Kaplan University LS 311 1
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Joanna Aeschbacker Unit 2 Assignment There are several factors that indicate Davis does owe Esposito a duty of care. If we look at the facts of this case, Davis, an employee, was standing by an exit during the time the arts and crafts show ended. The flow of pedestrian traffic is obviously flowing one direction, out of the building. Davis decides that he wants to go in the complete opposite direction, back into the building, against the flow of the pedestrian traffic, which ultimately leads him to have a head on collision with an arts and crafts goer, Esposito. As a result of the collision, Esposito had to seek medical attention and now has a permanent medical condition. If we look at this case from the perspective of the “reasonable person standard” (p.90), Davis was negligent. He was basically trying to swim upstream here. Thinking about what a
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Unformatted text preview: reasonable would do in this situation; a reasonable person would either move to the edge of the crowd to work their way back up or wait for the crowd to dissipate before proceeding against the current. This would probably be a subconscious thought as to avoid conflict and harm to themselves. An employee is an extension of a company and has the same obligation to provide a risk free environment to the companys patrons as the company does. From this perspective, Davis was also negligent. He actually manifested a situation that could have been easily avoided, had he been acting reasonably!! While Daviss intentions, I am sure, were to simply move from point a to point b, he was careless in his execution. This carelessness resulted in injury and Davis and his employer, unfortunately, are liable. 2 Joanna Aeschbacker Unit 2 Assignment References Miller, L. Roger., & Jentz, A. Gaylord (2008). Fundamentals of Business Law. Cengage Learning: Ohio . 3...
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This note was uploaded on 08/15/2011 for the course LAW 311 taught by Professor Tonistarcher during the Spring '11 term at Kaplan University.

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Joanna Aeschbacker Assignment Unit 2 LS311 - reasonable...

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