Business Torts and Ethics
Liability of intruder
The intruder is liable for his deeds. His actions of committing a felony inflicted injuries. Incarceration would the most just punishment. If the intruder was in his senses and not under the influence of any substance, he should have shown responsibility over his actions. According to the law, such an individual ought to be prosecuted in a court of law citing various charges (Karling, 2016). One of them is inflicting bodily harm to the lady and the gentleman (Karling, 2016). Author (2016) claims that the intruder is also liable for his actions as such intrusion is termed as a crime by the law-governing citizens.
There should be legal responsibilities to Sharon and Darryl. The intruder got in because of the owners building structure. The court also agrees that if a tenant is attacked as a result of a landlord’s mistake, then the tenant is not responsible for anything and indeed the owner should indemnify the tenant for damages. The owner is legally responsible, for the failure to inform the tenant about the non-maintained situations, or that the tenant has reported an issue and has remained unattended (Author, 2016). Sharon and Darryl could file a claim for the physical suffering they faced from the intruder. The owner had to be responsible because the safety and security of the tenants really depend on them, including the maintaining of property. The landlord is always expected to inspect an apartment unit before leasing it to the prospective tenant. The undertaking however only applies to the conditions that would have been disclosed by the inspection. (Author, 2016)
The landlord should not go to the extreme cases because at times it becomes expensive in discovering problems that cannot be justified (Ambiel & Noronha, 2016). Also, when an urgent issue arises, the landlord is expected to attend to it immediately because it is his or her responsibility. The property owner is held responsible where repair is promised on a condition, but it is not done in time. Also, Ambiel and Noronha (2016) explain that where a dangerous condition exists yet the tenant did not know at the time of leasing and even later the landlord does not communicate yet its existence is known by the owner. The scenario also applies where the owner retains control in some parts of the land where the apartment is located. Violating the laws of safety also makes the owner responsible (Finder, 2016)
The landlord had ethical responsibilities because peace had to be brought back after the intruder attacked Sharon. Bell (2015) argue that Landlords normally have ethics which they are expected to follow meaning that apart from providing a conducive ambience the property owners also have responsibilities to the community and the tenant. Ethics requires one to follow the law in a good character through handling ones’ wealth with integrity. Mostly the landlord is expected to restore the damages caused, but that varies with the type of lease. Ethics also include safety where the owner is responsible for injuries. The future is unpredictable, but ethics help one understand the law (Ambiel & Noronha, 2016).). This is through an understanding of conditions and knowing what is right or wrong. Handling a case of a tenant makes one improve services to curb future risks. The landlord should maintain high levels of conduct and create a good relationship with tenants and the community as a whole (Bell, 2015).
There are several ways that risks of attack by intruders can be mitigated or even completely avoided. Deadbolt plate that is capable of maintaining the door while closed is usually not secure to prevent the door from opening especially when force is used. Putting a strike plate, which has a strongbox model, will efficiently prevent the intruders from attacking because more force required (Harli, 2016). Also, reinforcing the doorjamb helps. Sadly, even when a box plate is well fixed, a determined burglar can opt to break the doorframe with continuous forced kicks (Bell, 2015).
Hollow cores should also be used for the internal purposes and not the exterior. Solid doors are expensive but are stronger than the hollow ones. Pine doors are the most available, but the hardwoods are best preferred. Harli (2016) argues that securing the hinges when the door swings out thereby becoming exposed should be done. This is because when an observant burglar sees the door swinging outside, he or she may decide to attack the Achilles heel. Adding a visible security and lighting would also help because the burglar would just look at the front door and completely avoid it at first glance (Finder, 2016).
Also, as a way of preventing intrusion and further attacks in the future, the owner should consider hiring guards to keep vigil over the building. The initiative will help prevent attacks, as the security guards will raise alarm thereby scaring the intruder while alerting the residents of an impending danger.
Karling, H., (2016) Ways to Burglarproof Your Front Door. London: Longman.
Ambiel, R., & Noronha, A. (2016). Professional choice self-efficacy: predicting traits and personality profiles in high school students. Psicol. Refl. Crít., 29(1). http://dx.doi.org/10.1186/s41155-016-0021-0
Author, G., (2016). Why Landlords are Liable for the Personal Injuries of Tenants. Milwaukie, Ore: Dark Horse Books: Mclaren Pub
Bell, L., (2015). Code of Ethics with Interpretive Statements. Critical Care Nurse, 35(4), 84-84. http://dx.doi.org/10.4037/ccn2015639
Harli, G., (2016). Ethical Responsibility Landlords have a code of ethics – Business L – 32 Overland Park, KS: Hadley Rille Books
Finder, A., (2016). Court Expands Liability of Landlords in Attacks on Tenants by Intruders. Emmaus, Pa: Rodale Press