Business Torts and Ethics
Business Torts and Ethics
The intruder has attempted theft in the apartment that is located in University Heights Apartments and has caused physical injuries on the residents. The resident manager and resident are badly wounded by the intruder whereas, the intruder is not wounded or assaulted in any manner. The actions of the intruder are considered highly illicit because he entered the apartment by force, which was also a private property and accounts for trespassing. The intruder also attacked the residents and considering this situation, this attack could also have been lethal for the residents. Civil actions incorporate such actions that are encompassed between the private individuals and not the criminals. The intruder has incorporated a criminal activity by trespassing by force and injuring the residents. Civil actions also account when a person is injured and in this case, the intruder in not injured, but has caused injuries to the residents. In this manner, it is implied that the intruder is not liable for any civil actions (Cornford, 2016).
Civil Actions for Landlord
The landlord is liable for the civil actions because the landlord has not installed any apparent or hidden security systems to ensure the wellbeing of tenants. The landlord has neglected the prevalence of trespassing and possible risks of incidents that can threat the life of its residents. It is implied that the landlord could have installed the security system so that the act of intrusion could have been addressed by the assigned force, security guards or police. The resident and the resident manager were not professionally trained to address such incidents due to which they were highly prone to the possible injuries (Moore, 2015).
The landlord is accountable for the failure of security in the building because the security system was not planned and installed in the building. In this case, the landlord is liable for the civil action because the tenant and resident manager is injured and both parties have not incorporated any criminal activity. The landlord is liable neglecting the wellbeing of its residents by means of negligence in planning the security mechanism of the building (Moore, 2015).
Ethical Responsibility and Ethical Theory
The landlord has the ethical responsibility to provide its tenant with the adequate safety and security measures. It is also the ethical responsibility of the landlord to protect the tenants from the possible acts of theft, intrusion and assailants. The tenants are supposed to be provided with the proper housing system which accounts for better environment, hygiene, fixtures and security. In this case, the landlord is responsible to ensure that the tenant is safe in the apartment and tenant’s wellbeing is not threatened by any external entity. The intruder has also hand-picked the lock of front door, which eventually indicates the poor installation of security equipment and hence, the intruder is responsible to ensure that this flaw is fixed by replacing the more durable and reliable locks (Horowitz, 2014).
The utilitarian theory incorporates that the best moral actions should be practiced in order to ensure the wellbeing of others. These actions should be selected on the basis of the extent of good they bring to others and the wellbeing of others should be regarded as an ideal outcome of any selected action. In the current case, the landlord is required to incorporate such actions that ensure and safeguard the wellbeing of its tenants and therefore, it is required that the landlord should implement the systems that ensure the security of its tenants and reduce the risk of possible thefts and injuries by the external entities (McGee, 2013).
Mitigate Reoccurrence of Incident
The following actions should be incorporated in order to mitigate the risk of such incidents:
The security personnel should be hired in order to provide 24/7 security to the University Heights Apartments so that the tenants can be provided with the adequate security services in an efficient manner.
The Closed-Circuit Television (CCTV) should be installed at the entrance of building and in lobby so that the non-residents can be restricted from entering the building. Similarly, the individuals acting suspicious in the lobby and incorporating any illicit activity can be identified.
The door-locks of every apartment should be replaced with the high-tech locks so that they cannot be hand-picked.
The Integrated Security System should be installed in which the security alarm should be linked with the front doors so that any act of intrusion can be identified at an instant. Moreover, inadequate opening of lock should also be addressed by the same mechanism so that the act of intrusion can be saved.
The security personnel should be provided with the adequate training to address such incidents by making sure that tenants are not harmed or wounded in any manner.
The security personnel and resident manager should be provided with the first-aid training so that the possible injuries and accidents caused in such circumstances should be treated in an efficient manner.
The tenants should be provided with the orientation about the security systems and should be enlightened with the steps that they are required to take under the prevalence of similar incidents. It will reduce the tenants’ direct contact with the intruders and will safeguard their wellbeing due to the intervening act of security personnel and integrated security system.
References
Cornford, T. (2016). Towards a public law of tort. Routledge.
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.
Moore, M. M. (2015). The Landlord's Liability to His Tenants For Injuries Criminally Inflicted By Third Persons. Akron Law Review, 17(3), 4.
McGee, R. W. (2013). Property Rights Versus Utilitarian Ethics. In Handbook of the Philosophical Foundations of Business Ethics (pp. 1263-1274). Springer Netherlands.
