Business Torts And Ethics Paper For University Heights AP

Business Torts And Ethics Paperyou Own University Heights Apartments

Business Torts and Ethics Paper You own University Heights Apartments, a business that rents primarily to students. One evening, your tenant Sharon is attacked by an intruder who forces the lock on the sliding glass door of her ground-floor apartment. Sharon's screams attract the attention of Darryl, your resident manager, who comes to Sharon's aid. Together, Darryl and Sharon drive the intruder off, but not before they both are badly cut by the intruder. Write a paper of 3 pages words answering the questions posed by this scenario.

Is the intruder liable for what he has done? Why or why not? Do you have legal responsibilities to Sharon and Darryl? Why or why not? Do you have ethical responsibilities to Sharon and Darryl? Explain. If there are ethical responsibilities, what are they? What should you do to prevent or mitigate such risks? Cite to at least four scholarly references. Format your paper consistent with APA guidelines.

Paper For Above instruction

The scenario involving Sharon, Darryl, and the intruder raises important questions about liability, legal responsibilities, and ethical duties within a property management context. Analyzing each element requires understanding the principles of business torts, premises liability, and ethical obligations to tenants and employees. This essay critically examines the intruder's liability, the landlord's legal and ethical responsibilities, and strategies to prevent similar incidents in the future.

Liability of the Intruder

The intruder who forced the lock on Sharon’s sliding glass door and attacked both Sharon and Darryl is clearly liable for multiple civil and possibly criminal offenses. In civil law, liability arises when a defendant’s conduct causes harm to another person, which applies to the intruder’s assault, trespass, and property damage (Weigand & Black, 2017). Assault and battery are relevant here because the intruder forcibly entered the property and physically harmed Sharon and Darryl. His actions intentionally inflicted harm, making him liable for personal injury and property damage.

Criminal liability also emerges as the intruder’s conduct violated criminal statutes related to unlawful entry and assault. In many jurisdictions, unauthorized entry with force constitutes burglary or breaking and entering, and the assault upon individuals exacerbates criminal culpability (Schulhofer, 2020). Given his assault and property damage, the intruder would likely face charges in addition to civil liability.

Legal Responsibilities of the Landlord

As the property owner and manager, the landlord has legal responsibilities rooted in premises liability law, which obligates landlords to maintain a safe environment for tenants and visitors (Gorham, 2021). These duties include ensuring that security measures such as locks, lighting, and secure entrances are adequate to prevent foreseeable harm. If a landlord is aware of a history of break-ins or vulnerabilities, they may have a higher obligation to address these risks.

However, the extent of the landlord’s liability depends on whether they knew or should have known about the risk and whether they took reasonable steps to prevent harm. In the scenario, if the landlord failed to repair or upgrade locks or provide adequate security despite prior knowledge of dangers, they could be found negligent. Conversely, if the landlord maintained the premises reasonably and the attack was unforeseeable, their liability may be limited.

Ethical Responsibilities to Sharon and Darryl

Beyond legal liability, ethical responsibilities involve acting in good faith to protect tenants and employees. Ethically, the landlord has a duty of care to provide a safe environment, which includes implementing security measures suitable for the area and responding proactively to safety concerns (Cundy, 2019). The ethical obligation extends to supporting Sharon and Darryl post-incident by providing assistance, informing them of risks, and taking steps to improve security.

Furthermore, the landlord has an ethical duty to ensure that Darryl, as the resident manager, is equipped to respond appropriately during emergencies. Ethical considerations also encompass transparency with tenants about security risks and involving them in safety planning.

Preventive and Mitigation Strategies

To prevent or mitigate future risks, the property owner should adopt comprehensive security policies. These include installing sturdy locks and security systems, ensuring adequate lighting around entrances, and maintaining clear communication channels for tenants to report concerns (Fischer et al., 2018). Regular safety assessments and collaboration with local police can enhance security measures. Training staff and residents on emergency procedures and fostering a community vigilant to safety issues are also crucial.

Additionally, property management should consider investing in modern security technologies such as surveillance cameras and alarm systems, which can deter criminal activity and provide evidence if incidents occur. Developing clear protocols for dealing with emergencies and ensuring prompt responses can reduce injuries and liability.

Conclusion

The intruder’s liability for attacking Sharon and Darryl is clear under both civil and criminal law due to his intentional harmful conduct. Legally, landlords have a duty to maintain safe premises, but the degree of liability depends on their knowledge and efforts to prevent harm. Ethically, the property owner has a moral obligation to ensure tenants' safety and to support staff during emergencies. Implementing robust security measures, proactive risk management, and fostering transparent communication are essential strategies to protect tenants, staff, and the property owner from similar incidents in the future.

References

• Cundy, M. (2019). Legal and ethical issues in property management. Journal of Property Management, 34(2), 115-128.
• Fischer, R., Keisen, M., & Scott, M. (2018). Security strategies for residential properties. Security Journal, 31(3), 243-259.
• Gorham, R. (2021). Premises liability and landlord responsibilities. Law and Society Review, 55(4), 782-800.
• Schulhofer, S. (2020). Criminal law and property crimes. Journal of Criminal Law, 84(2), 285-305.
• Weigand, R., & Black, S. (2017). Fundamentals of tort law. Oxford University Press.