11.26.2011

Who Is Responsible?

--- by Micheal

A recent article in the Union Leader titled "Suit dropped over defective deer stand" (11/22, p B1) raises the critical question of Who Is Responsible?  In the article, we learned that a man fell from a "defective" tree stand and was "permanently injured."

Tragic, right? Someone's got to pay for this injustice. Right? So, whether on his own gumption or pursued by lawyers eager to become the 1%, the land owner was sued. How dare he have defective personal property? How irresponsible. Make him pay!

Trouble was, the man who gave the hunter permission was not the property owner. In fact, the real property owner never installed tree stands. Oops. Sorry. Suit dropped. Nevermind.

But wait. If the land owner isn't responsible, who is? Someone has to be responsible, don't they? Whenever anything goes wrong (or at least not the way we wanted it to), someone (else) must be responsible and so should pay big-time.  That's what's made America what it is today!

Problem is, Mr. Jasmin is still "permanently injured" (whatever that means). Whose fault is it? By dropping the suit, the lawyers seem to be admitting that it might just be Jasmin's own fault. He climbed the tree. He sat in the stand. Did he check it out to see if it was sturdy enough first? Does Jasmin have a legal right to go hunting and never get hurt? What if he tripped and hit his head on a rock? Who do you sue then?

Admittedly, I don't have all the background facts, but simply dropping the suit is evidence enough. Mr. Jasmin was responsible for himself. His "permanent injury" is his own problem, no one else's.

This is a legal decision that needs to be applied all over our litigious quagmire of a culture. You are NOT a ward of the state. You are an adult, responsible for your own actions -- and the results of them. If you put hot coffee between your legs and get scaled, that's your problem.  If you use your lawnmower as a hedge trimmer and cut off your finger, that's your problem. If you are too obese to fit into a fast-food booth, that's your problem.

Want to stimulate the economy? Stop accepting the stifling culture of frivolous litigation. The law can protect us from swindlers and malice, but it should never be used as a substitute for our responsibility for ourselves.

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