Ethical Dilemma

Who Is Responsible for the Operation of Rental Property?

FACTS For the three$-$day Memorial Day weekend,

Bobby Jones, a schoolteacher from a suburb of Atlanta,

rents a fourteen$-$foot aluminum boat from Riverside Canoe

and Boat Rentals on the Chattahoochee River. The manager

of boat rentals gives Jones general instructions concerning

the use of the craft and provides him with a booklet entitled

"Boating Safety Rules." The manager also follows the rou$-$

tine procedure of examining the fuel line of the boat and

starting the motor to ensure its serviceability.

On Memorial Day, while Jones is operating the boat on the

Chattahoochee River, the motor stalls, forcing Jones to row the

boat back to shore. Later that same day, Jones takes six minor

children out in the boat to give them a ride on the river. Jones

has been drinking beer nonstop since $8$:$00$ a$.$m$.,$ and at the time

of the afternoon boat ride, his blood alcohol level is $0\mathrm{.}22$ per$-$

cent. Jones recklessly moves into the swift current and heads to$-$

ward a concrete dam and spillway. When he finally tries to

reverse course, the motor stalls again, the boat is swept over the

dam, and all of the children drown. Improbably, Jones lives.

Social, Policy, and Ethical Considerations

Could the boat rental company $($and manager$)$ have

done more to prevent the accident that resulted in the

children's deaths? Should the manager have done

more?

Much rental property, including boats, cars, and power

tools such as mowers and saws, is either potentially or

inherently dangerous. What is the responsibility of the

owner of such equipment to the renter of it$?$ What, if

anything, is the responsibility of the renter to the owner?

Should the owner be held strictly liable for the renter's

accidents with the property, regardless of fault? Why or

why not? Who do you think was at fault in this

accident?

Jones's neighbors, the Corcorans and Duvals, are the

parents of four of the drowned children. Together, in

their anger, they consult a lawyer to explore the idea of

suing either Jones or Riverside Canoe and Boat Rentals

or both. What cause might their lawyer try to make

against Jones? Against Riverside Canoe and Boat Rent$-$

als? Do you think they should sue? Why or why not?

Are some items of equipment so dangerous that state

legislatures should pass laws forbidding their rental? If

so$,$ what items?