What About Personal Responsibility’

We live in a litigious society. As the authors of the three features on professional liability appearing in this issue of IJ Texas point out, almost anything is fodder for a lawsuit and no one, or company, is immune.

People bring lawsuits against other people and businesses for an almost endless variety of reasons. Some are legitimate, many are not. And most of the time, the claims that seem to be absurd or even downright frivolous may never have happened if the claimants had only used common sense or had taken the responsibility for their own actions. For example:

• A woman buys a cup of coffee at the drive-through window of a fast-food restaurant. As she drives the hot coffee spills and burns her skin. She sues the fast food chain for serving coffee that is too hot.

Common sense factors: Coffee is hot. People generally prefer to drink cold coffee only when they pay three or four dollars for it at Starbucks.

• A man climbs a pecan tree holding a long metal pole in his hand. The tree is located adjacent to a high-voltage electric supply line. He begins to beat pecans out of tree with the metal pole. He accidentally strikes the electric wire and unfortunately is electrocuted. His family sues the electric company.

Common sense factors: High voltage electric wires are dangerous. It is generally unwise to go near them, especially while swinging a metal pole.

• Driver A is an automobile accident that results in minor injuries to himself. He sues Driver B, who was found to be at fault, and claims that the accident had caused a number of medical problems, including hemorrhoids. However, Driver A already had a history hemorrhoidal problems.

Common sense factors: The accident may not have helped the problem, but it’s hard to prove that it caused that problem if a history of hemorrhoids already existed.

• A thief enters the house of a wealthy couple and steals an ancient Chinese artifact. When he tries to fence the artifact he finds that it is a fake, the real one is on loan to a museum. He sues the owner for misrepresentation of a valuable object.

Okay, I made that one up, but you get the picture. Immunity doesn’t exist. But common sense and personal responsibility do. However, even when people or corporations use their best judgment, even when they are careful to cross all the “t’s” and dot all the “i’s”, they may still get sued. That’s why it is doubly important for all professionals, including insurance agents and brokers, to be prepared.

As you read our coverage of professional liability issues, question yourselves about how you, your agency or your clients are prepared for defense against lawsuits, frivolous or not. Are you protecting your company’s interests and the interests of your clients in your own business dealings? Are your interactions with clients well documented? Are your files organized and complete? Are you and your clients covered with the appropriate insurance protection? And finally, are common sense and the notion of personal responsibility part of your life’s equation?

Topics Lawsuits