The intruder is completely accountable for his actions of breaking into Sharon's premises, attempted burglary, and assault on the victims. He caused injury to Sharon and Darryl in the course of committing a crime, if therefore caught, he/she will not only be charged with a criminal suit of attempted burglary, but also a civil suit for the injury caused by the tenant and the resident manager. He/she faces a sentence for the criminal case, and a settlement for the civil suit, the settlement that will cover Sharon and Daryl’s medical bills for the treatment of the injuries.
Compared to the intruder, the business has little legal obligations to Sharon and Daryl. What Sharon went through was devastating, but at no level, was it as a result of the negligence of the landlord. Suppose the door lock were faulty, or the glass door was broken before the incidence, then the business owner might have legal duties towards the tenant. But because that was not the case and the intruder was a neutral 3rd party with no relations whatsoever with the business, there no legal responsibilities are owed to the client; meaning Sharon cannot sue the business owner for any harm done. However, if it is discovered that the business has committed negligence that might have increased the chances of the attack, then I can be legally obligated to the client. If the attack is proven to be foreseeable, say, a similar incidence had occurred in the past; then I can be termed legally liable to the tenant. As for Daryl, even though defending the tenant was a courageous action to undertake, the business does not owe him any legal duties. His actions were completely out of the range of his job description as the resident manager. Daryl getting hurt in the process of defending the business’ clients is, therefore, not a liability of the business, as it was not in his place to do so in the first place.
Delegate your assignment to our experts and they will do the rest.
Certain potential torts that might have risen from this context of activity would have been, suppose the sliding door was faulty, the door lock had malfunctioned, cracks or broken door glass that permitted the burglar to access the house, or poor lightings. Under these circumstances, the business would have been entirely liable. These are referred to as unintentional torts since they are more of as a result of negligence than the need to cause harm to a person. Also, suppose the intruder succeeded in stealing from Sharon is credit card fraud and emotional stress. The burglar might have taken her credit cards and personal information which he would have then used to access her accounts. Credit fraud and identity thief are intentional torts.
A few changes and adjustments will be made to the system to provide a safe work environment and avoid a repeat of occurrence of a similar situation in the future. For starters, the level of security will be elevated. The intruder was able to reach the point of breaking into the tenant’s premises because of lack of security personnel, and the only person who could come to the aid of the student was the Residential Manager who was more skilled in managing the apartments compared to providing security. Also, the sliding glass doors of the houses, especially those of the ground floor apartments should be replaced with stronger and more stable door types, such as the metallic grill door. Sliding glass doors are more suited for office settings, compared to the housing context. Also, perhaps installing alarm systems within the premises may lessen potential torts. When the student was attacked, it was by luck that the residential manager came to her aid in time, it would have been another story, had the intruder succeeded in his/her endeavors.
Following the recent predicaments, I expect the tenant and the resident manager might have some expectations of their landlord and their employer respectively. If I were the tenant, I would first and foremost need to be assured of my security in case I were to continue with my stay within the premises. The first order of safety should include the repair of the things that were spoilt or broken during the attack. That includes repairing the door lock, and maybe replacing the types of doors in the apartments, with the kinds of doors that are not so easily accessed. Another issue I would appreciate if the landlord were to take care of, is compensation for my damaged property. I was attacked within the premises of the business owner and got assaulted while protecting both our properties. As the resident manager, I would expect my employer to assist cover my medical bills for the attack and also give me time off, to heal.
Ethical responsibility entails having a sense some responsibility to what occurred even though legally, you aren’t responsible. As the business owner, I feel that is my ethical obligation to follow up on the case and ensure the intruder faces all the legal charges, and also compensate Sharon and Daryl for the tragic incidence. It is also my responsibility to protect my tenants and employees from any similar attack they may come across while under my watch. I will, therefore, hire full-time security guards to make patrols around the premises. Also, I will equip the apartment units with high-tech security systems, which include an alarm through which one can alert the security guards concerning potential breach of safety.
References
Moore, M. M. (2015). The Landlord's Liability to His Tenants for Injuries Criminally Inflicted By Third Persons. Akron Law Review, 17 (3), 4.
Green, S. D. (2015). Paradoxes, Parallels and Fictions: The Case for Landlord Tort Liability under the Revised Uniform Residential Landlord-Tenant Act. Hamline L. Rev., 38 , 407.
Horowitz, H. (2014). Liability of Landlord in Tort for Injuries Suffered on Leased Premises--Proposed Statutory Change. St. John's Law Review, 6 (1), 11.
Carroll, A. B. (1991). The pyramid of corporate social responsibility: Toward the moral management of organizational stakeholders. Business horizons, 34 (4), 39-48.
