law pp w3

Running head: CASE STUDY ANALYSIS 1

CASE STUDY ANALYSIS 2

Case study analysis

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Abstract

As the owner of Springfield arms apartment, this paper will seek to analyze the legal duties and responsibilities I will have towards Sharon, analyze some of the potential torts which may arise out of the situation in which Sharon and Daryl where seriously injured by the intruder and analyze some of the ways in which potential torts which may arise can be mitigated. Further, this paper will also evaluate some of the ethical responsibilities I would have towards Sharon and Daryl and evaluate whether the intruder is liable for his actions.

Key words: Basic torts, liability, ethical responsibilities, compensation, negligence

Body

Whether the intruder is liable for his actions

Since the intruder attacked Sharon and Daryl and his actions were criminal in nature, he contravened the basic law (Law of tort), he is therefore liable for his actions and should be prosecuted in a court of law for engaging in malicious acts which caused danger to human life. The intruder can be charged with robbery and if he is convicted, he should serve a prison sentence based on the statutory laws that exist in that particular state (Hogg, 2016).

If caught, the intruder should be held liable for engaging in criminal conduct and causing bodily harm to his victims. As such, he should be charged under civil law since he committed a civil wrong (Hogg, 2016).

My Legal duties and responsibilities to Sharon and Daryl.

Some of the major duties and responsibilities I will have towards Sharon and Daryl as the owner of the apartments include; providing them with a fair compensation scheme to allow them to repay their hospital bills and recuperate healthily. Further, I should also play an active role in helping the police with their investigation thus ensuring that the intruder is caught. Further, I should also invest in adequate security procedures to deter would be intruders in the near future. This might entail hiring security personnel, installing CCTV cameras and an electronic security system, which will warn the authorities in case of any break-ins in the future.

In addition, I should also get in touch with the major parties involved in Sharon’s life and look for ways in which I can actively help her. This might entail talking to her professors to be considerate with any school absences she may have due to the trauma she might be going through. Finally, I should also assist in providing upkeep for Daryl and his family until he is made fit to return to work.

Some of the potential Torts which might arise from the above business context

Some of the potential Torts which might arise in this situation is that; both Sharon and Daryl can sue for compensation in a court of law by citing negligent Tort in that, their attack was in part due to my contributory negligence, such as failure to install adequate security systems (Hinkston, 2016).

The two parties can also sue for damages incurred due to the injuries inflicted on them by the intruder and could also ask for compensation for the time they are not able to perform their normal duties. Further, the two parties can also prove beyond reasonable doubt that I had a duty of care, and that my failure to perform my duty may have resulted in the attack (Landlord’s Tort Liability, 2016).

Ways to prevent or mitigate the risk of the potential torts.

Some of the important ways in which I can mitigate the above scenarios from occurring would be to push for an out of court settlement or a negotiation. By using negotiation techniques and agreeing on a mediator who will mediate on the concerns raised by both Sharon and Daryl, we may be able to reach a suitable agreement that could make legal proceedings unnecessary. (Methods for Resolving Conflicts and Disputes, 2016).

What I would want from my employer if I were Sharon or Daryl.

If I were Sharon and Daryl, I would want my employer to approve my sick leave request I submit for time off work to cater for whatever health concerns I have post-intrusion. If I were Daryl, in particular, not only would I request leave, I would request for paid leave. More so, if I were Daryl, I would ask my employer to foot any my medical bills I have that resulted from the altercation. I would also have my employer make a promise in writing that they would foot any future medical bills I have as a result of the altercation and provide for my upkeep when such complications interfere with my ability to work or secure gainful employment (Lahnstein, 2011).

The ethical responsibilities I have to Sharon and Daryl

The major ethical responsibilities I have to Sharon and Daryl, as the business owner is to ensure that they get fairly compensated until they overcome the immediate traumatic effects and injury related complications they suffer from their encounter with the intruder. Furthermore, I should play an active role in helping with the investigation and ensure that the perpetrator is arrested and severely punished. More so, as the business owner, I am also under obligation to ensure that I put up adequate security measures to deter any future attacks such as installing foolproof security systems and electric shields which become fully activated the moment an intruder tries to gain entry into the apartment (Lahnstein, 2011)

Furthermore, I can also install Biometric security systems to ensure that only the people who stay within the apartment can gain access to the place (Hinkston, 2016).

Conclusion

The above case study offers important insights on the basic laws of Torts, like Civil wrongs and negligence and how these laws influence the compensation models or damages paid to a plaintiff. Further, as illustrated in the case study, the intruder is should always liable for his or her actions as per the statues of criminal law. Finally, the business owner has a responsibility and a duty of care, and can be sued for negligence by the aggrieved parties who contend he failed in his duty of care.

References

Landlord’s Tort Liability. (2016). Nationalparalegal.edu. Retrieved 28 October 2016, from

http://nationalparalegal.edu/public_documents/courseware_asp_files/realProperty/LandlordTennant/LandlordsTortLiability.asp

Hogg, M. (2016). Liability for Unknown Risks: A Common Law Perspective. Journal Of European Tort Law, 7(2). http://dx.doi.org/10.1515/jetl-2016-0007

Hinkston, M. (2016). Wisconsin Lawyer: Home Safe Home: Wisconsin’s Castle Doctrine and Trespasser Liability Laws:. WisBar. Retrieved 28 October 2016, from http://www.wisbar.org/newspublications/wisconsinlawyer/pages/article.aspx?Volume=86&Issue=5&ArticleID=10836

Lahnstein, C. (2011). Tort Law and the Ethical Responsibilities of Liability Insurers: Comments from a Reinsurer’s Perspective. Journal Of Business Ethics, 103(S1), 87-94. http://dx.doi.org/10.1007/s10551-012-1225-6

Methods for Resolving Conflicts and Disputes. (2016). Okbar.org. Retrieved 28 October 2016, from http://www.okbar.org/public/brochures/methodsforresolvingconflictsanddisputes.aspx