Business Torts and Ethics Paper

Business Torts and Ethics Paper

LaWanda Smith

ETH

Paul Loock

Business Torts and Ethics Paper

Owning a business can be risky. Business owners have to be aware of the liabilities and risk that can come from unexpected incidents. There are laws in place that business owners have to familiarize themselves with in order to put the proper security measure in place.  Being an owner of the University Heights Apartments, it is necessary to inform all tenants of what to do if an intruder enters the property.  Information regarding the responsibility, safety, and loss or stolen items should have been detailed in the Lease Agreement.  Recently, there was an incident which has the tenants questioning whom is responsible for injuries caused by the intruder. Should the landlord be responsible for the actions and injuries caused by an intruder?

Intruder

On the night in question the intruder entered Sharon’s apartment through the first floor sliding glass door without permission. The intruder was not invited into Sharon’s home and therefore was trespassing. The first crime of the intruder in this case was breaking into Sharon’s apartment. The intruder than begin to use a weapon and stab not only Sharon, but the resident manager Darryl as well.  His actions can be considered as assault and battery. The intruder is definitely liable for the injuries he caused during his break in. A civil suit can also be filed on the intruder for intentional torts he committed against Darryl and Sharon. The tort is battery with the intent to cause harm.  The intruder will also face the tort of assault if the victims saw the coming battery before it was attempted. If in fact the intruder would have never broken into the apartment, the injuries would not have occurred,

Legal Responsibilities

As the landlord, I would be held legally responsible if the intruder entered a door that was not properly able to lock.  It is not the duty of the property management to protect the tenants.  Therefore, as the owner of the property we are not liable to for the injuries that Sharon occurred. It is important for tenants to check there lease to understand what the landlord responsibilities are when a burglary occurs.  Although Darryl is hired as the resident manager, his duties are to outside the scope of his job description.  Darryl actions were admirable and heroic. However, Darryl’s actions fail beyond the scope of his duties and resident manager. As the property owner, we are not liable for Darryl’s injuries.  It would have been best for Darryl to call the appropriate authorities and file a report of the incident.  This will allow for the police to respond and document what took place.