Personal Responsibility

One of the complaints tort reformers have about our justice system is that it discourages "personal responsibility"; that if individuals took responsibility for their own actions, fewer lawsuits would be filed. They even cite tobacco lawsuits, arguing that individuals have known for years that smoking causes cancer, so they should take personal responsibility for their illnesses, and not sue.

By their logic, any manufacturer should be able to sell any product it wishes, merely by placing a warning label on the product. We could abolish the FDA and stop regulating the pharmaceuticals, because as long as they warn people that the drug has health risks, the doctrine of personal responsibility should preclude lawsuits. Phen-fen could come back on the market, for example. The golden oldie thalidomyde could also make a comeback.

Why stop with prescription drugs? Cars wouldn't need any safety equipment anymore, because a great big warning sticker on the door could inform people that misuse of an automobile could result in injury or death. Who needs seatbelts? The manufacturers could sell them as an add-on, and when people die, they should take "personal responsibility" for not ordering seat belts.

I have a different take on personal responsibility. I think that if corporate executives took personal responsibility, there would be far fewer lawsuits. For example, when someone slips and falls in a store, if the store manager took personal responsibility and offered to pay for their medical bills, the person probably wouldn't sue.

Or if tobacco executives took personal responsibility for their products, they might pull them off the market because, well, they kill their consumers.

Maybe an engineer at Firestone could have taken personal responsibility when he realized some of their tires were unsafe. He could have gone up the corporate ladder, and when (not if) that failed, he could have gone to the media. Of course, he'd be sued for divulging trade secrets, but he might have saved lives.

The truth is that for tort reformers "personal responsibility" means not suing big companies when their products cause injuries, even if those companies knew their products were defective.

Maybe more products should come with a warning label that says something like, "Warning: This product was manufactured by a corporation whose only concern is their profit margin. If you are killed or injured by this product, the manufacturer will say its your own fault, and will hide or destroy internal documents that prove the manufacturer was aware of the defect that injured you."