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Davis vs Esposito

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Davis vs. Esposito

In the case of Davis and Esposito, the alleged negligence would fall under unintentional torts. According to Miller & Jentz (2010), the tort of negligence occurs when someone suffers injury because of another’s failure to live up to a required duty of care. In an unintentional tort, the tortfeasor neither wishes to bring about the consequences of the act nor believes that they will occur (p. 84). Davis was standing in the doorway and abruptly turned around without looking. Mrs. Esposito was exiting out of the doorway in a usual manner. This is clearly a negligence case and Davis turned abruptly disregarding his reasonable person standard. According to Miller et al. (2010), the reasonable person standard deals with how a person in society should reasonably act (p. 84). Before you pull on to a street you make sure that no cars are coming in the other direction. They go on to state that if the so called reasonable person existed, they would be careful, coconscious, even tempered and honest. If Davis would have simply turned to look before abruptly turning around than he would have seen the elderly woman coming through the door. Furthermore, Davis was an employee of the producer of the show. When a business invites persons to come onto their premises they must make sure that the environment is safe for their patrons. This was however, not a foreseeable risk that the owner or its employees could have prevented by anything other than Davis being conscientious. Davis’ defense would be to counter with comparative negligence. According to Miller et al. (2010), comparative negligence describes that all individuals are expected to exercise a reasonable degree of care in looking out for themselves (p.93). And even though he turned around abruptly Mrs. Esposito must reasonably take care of herself. This

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