You own University Heights Apartments, a business that rents primarily to students. One evening, your tenant Sharon is attacked by an intruder who forces the lock on the sliding glass door of her ground-floor apartment. Sharon's screams attract the attention of Darryl, your resident manager, who comes to Sharon's aid. Together, he and Sharon drive the intruder off, but not before they both are badly cut by the intruder.
1.Is the intruder liable for what he has done?
a.Yes the intruder is liable for what he has done. Sharon and Darryl can prove that the intruder was trespassing because Sharon never gave the attacker permission to enter her apartment. Sharon and Darryl can also prove “causation in fact”. If the intruder would have never forced the lock on the sliding door open, then the injury would have never taken place.
2.Do you have legal responsibility to Sharon and Darryl?
a.The only legal responsibility I should have to Sharon and Darryl is to make sure that the sliding glass door is repaired. Since the glass door was not defective I as the owner of University Heights Apartment I should be covered under the assumption-of-risk-defense. 3.What should you consider doing at your apartment?
a.I would consider hiring a security staff to ensure that the apartments are safe. I would also install security cameras and make sure that a member of the security staff is always monitoring the cameras. Lastly, I would buy better locks for all of the ground floor sliding doors as well as the entire building.
