Business Torts and Ethics Paper

ETH/321

October 5, 2015

Mauri Hawkins

Business Torts and Ethics Paper

Generally speaking, an intruder who invades other people’s premises is considered to have surrendered their rights. This means that the occupants have a right to defend themselves through whatever means they consider to be ‘reasonable force’. At times, the use of deadly force is justifiable, especially when the intruder causes (or is even believed to have the intention to cause) bodily harm. The bottom-line is that the owners/occupants of the premises in question are allowed to do anything within their power, as long as their actions are not grossly disproportionate (Clarke, 2012; Medsger, 2014).

It is relatively easy to argue the case against the intruder. In this case, the intruder is evidently liable for the harm and the loss incurred. In most of the states and even internationally, the law regard the people defending themselves as potential witnesses, and not as potential offenders. Sharon and Darryl acted reasonably, and this would still have been the argument bad they knocked this burglar out cold. Nonetheless, it would be wrong to, say, stick a knife or even continue hitting the intruder after he has obviously been neutralized. The intruder is liable, and Sharon and Darryl are potential witnesses (Sennewald & Christman, 2011).

Landlord’s Responsibility

In most of the states, the landlords are required to protect the tenants as much as possible. The tenants are supposed to be protected from thieves, assailants, as well as from the criminal acts committed by fellow tenants. Additionally, the landlords have to ensure that the neighborhoods are protected from the illegal activities committed by their tenants (Mawby, 2013). This means that the landlords should report, or at least expel, tenants who engage in such acts as burglary and drug dealing. The legal codes defining these responsibilities are anchored on the various court decisions, ordinances, statutes, as well as building codes (Medsger, 2014).

The tenants may actually sue their landlords for the injuries suffered during the incidences of burglary. In some instances, the jury awards and settlements range from one hundred thousand dollars to one million dollars. The awards and settlements are highest in instances where similar crimes are proved to have occurred at some point in the past. The fact that this is the first incident means that the landlord may not have to pay huge settlements (Sennewald & Christman, 2011).

Ethical Responsibility

Although the landlord may not be legally obliged to pay huge settlements, they have an ethical responsibility to ensure that the medical and any other bills incurred by Sharon and Darryl are reimbursed. It may not be anyone’s fault, but of course it is assumed that the landlord should have installed superior security systems. For instance, the landlords may be expected to install burglars’ alarm beforehand (Clarke, 2012; Finch & Fafinski, 2012).

In addition to the various forms of reimbursements, the landlords are supposed to ensure that the tenants and workers are updated with the new developments/enhancements. This is meant to make them reduce anxiety and feel safe; and, of course, enable them to continue with their lives as normally as possible. The tenants and the employees should not have to worry more than is ordinarily necessary (Medsger, 2014).

Mitigating the Risk

Many stakeholders ignore the importance of engaging their tenants and workers while making security enhancements. Nonetheless, this is a mistake since these are the parties on the ground, and the people who understand the areas which need enhancements. This is especially the case in situations where the landlord happens to be living at a different property, meaning that he visits the business premise on a few occasions and during day-time when there are a lot of interruptions (Finch & Fafinski, 2012).

The landlord should involve the tenants and the resident manager as much as possible. The landlord should then find a way of contracting a security firm so that the experts can identify the weak points and have the enhancements made as soon as possible. The tenants should share their views so as to enhance the acceptability of the improvements being made (Medsger, 2014; Sennewald & Christman, 2011).

Sliding glass doors look appearing, but they may also appear to be weak and easy to knock-down. The landlord should consider installing steel doors, security cameras, as well as burglar’s alarms. Wherever possible, the landlord should also consider installing motion-sensing security-lights. Of course, no strategy facilitates 100% security, but the tenants and everyone involved would feel more secured if they realize and see that unprecedented enhancements have been made (Mawby, 2013).

References

Clarke, T.H. (2012). Coping with burglary: Research perspectives on policy. Berlin, Heidelberg: Springer Science & Business Media

Finch, E., & Fafinski, S. (2012). Criminology skills. Oxford, UK: OUP Oxford

Mawby, R. (2013). Burglary. London: Routledge

Medsger, B. (2014). The burglary: The discovery of J. Edgar Hoover's Secret FBI. New York, New York: Knopf Doubleday Publishing Group

Sennewald, C.A., & Christman, J.H. (2011). Retail crime, security, and loss prevention: An encyclopedic reference. Waltham, Massachusetts: Butte