LS311 Business Law I
Unit Two: Writing Assignment
March 7, 2012
In this case there is an unintentional tort of negligence. This occurs when someone suffers injury because of another’s failure to live up to a required duty of car (Miller & Jentz, 2008). To make a case out of this that will hold up in court there needs to be a risk of such consequences. This being said the risk is the fact that the victim was left with permanent physical impairment. The incident was unintentional when Davis had turned around and it resulted in the collision. A Duty of Care would have had to be breached though and in this situation if would be very difficult to say Davis was being careless enough to ...view middle of the document...
This would include his staff making sure they are paying attention at all times and creating this for the customers. It is their property and therefore their responsibility to protect even trespassers against certain risks. In my opinion this type of situation is difficult to avoid because you do not know who made the last motion to create the situation. It is also a duty of the business to exercise reasonable care by the invitees. There was no fair warning that the incident was to occur but in that case it is not a known fact of danger. It is a given risk that if you walk too close to someone there is a chance you may bump into them. In that case you find they may both be at fault for her being too close and Davis not looking before he started to turn around.
I find that both are guilty of not fully preforming and being aware of their duty of care. Nothing was committed intentionally but the outcome was very serious. Someone in a condition as the women should most likely be much more careful in public. If she was aware of how brittle her hip had been than it is her responsibility to not be in a busy public environment. It would have been beneficial for her to possibly utilize a wheel chair while in public to prevent any injury. If she would have turned and fallen on her own then this may have created the same result. Given that it would be difficult to actually say the risk was foreseeable by anyone but her. This leads to a case that could go either way in my opinion depending on the minor details and backgrounds of information known.
Miller, R., & Jentz, G. (2008). Fundamentals of business law part I. Boston, MA: Cengage.