Business Torts and Ethics

Business Torts and Ethics

Elizabeth Hardy

May 18, 2016

LAW/421

Robert German

Owning or running a business can be risky. There are liabilities and other types of risks that may be a set-back. Specific laws are in place to properly place blame, rather it be on the business or individual. An occupied unit was invaded on the grounds of Springfield Arms Apartments. The lessee of the unit, Sharon, was home at the time the home invasion occurred. She solicited screams that we heard by the apartments residential manager, Darryl, who went to help her. The two of them were able to ward of the unwanted guest, and rather it was intentional or not the intruder caused harm to Daryl and Sharon. Upon further investigation, it was discovered that the intruder picked the lock and forced the lock on the sliding door.        

Explain whether or not the intruder is liable for his actions.

In this situation, the intruder is one hundred percent liable for their actions. They came into the apartment complex with intentions to forcibly enter into someone’s home. Sharon’s ground floor sliding door was not unlocked, and she certainly did not invite this person inside. They may not have had intentions to harm Sharon and Darryl but by trespassing, and invading the privacy of someone they broke multiple criminal laws. Not only did the intruder injure them, they caused emotional and mental distress on both Daryl and Sharon. Laws were broken and this person, the intruder, should reap the consequences.  

Explain your legal duties and responsibilities to Sharon and Darryl.

        As the owner of Springfield Arms Apartments it is my legal responsibility to provide habitable units for rent. The lock that was forced the night of the incident was in working order. Had the lock on Sharon’s sliding door been malfunctioned in anyway, and I was already made aware, there would be negligence on my behalf. Negligence takes place when an individual or business organization has a duty to act reasonably and instead acts carelessly and causes injury to another (Pagnattaro, M. A., Cahoy, D. R., & Magid, J. M., Reed, D. R., Shedd, P. J. 2016). By this definition, I was not negligent, and therefore not liable for damages caused by this incident.

        The property manager Darryl came to Sharon’s aid when he heard her screams. Although this was a heroic act, if fell out of scope of his duties. Daryl should have alerted the proper authorities and wait for them to come. Darryl is at fault for his injuries and not myself. Darryl’s actions fall under the Good Samaritan Law (2016) in Georgia, which states:

“Liability of persons rendering emergency care, this law says: “Any person, including any person licensed to practice medicine and surgery pursuant to Article 2 of Chapter 34 of Title 43 and including any person licensed to render services ancillary thereto, who in good faith renders emergency care at the scene of an accident or emergency to the victim or victims thereof without making any charge therefor shall not be liable for any civil damages as a result of any act or omission by such person in rendering emergency care or as a result of any act or failure to act to provide or arrange for further medical treatment or care for the injured person.”

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