Responsibility: Who Has It And Who Doesn't And What That Means To The Nation

A woman in Miami was awarded $40,000 worker's compensation because her fear of black people made it impossible for her to work in a racially integrated office. She had once been robbed and beaten by a black man. <

If you are not yet thoroughly convinced of the need for tort reform, the following group of excerpts involving "Good Samaritans" should do the trick.

Do Unto Others - At Great Monetary Risk To Your Own Family

A construction worker and a police officer pulled a pregnant woman in labor from an overturned car only moments before it exploded. For their good deed they were sued for negligence by another accident victim they didn't have time to help. The two "good Samaritans" only had seconds to act. The police officer is certain that if the construction worker hadn't stopped and acted quickly, a lot of people would have died on the San Diego freeway in early November, 1990. The suit claimed the two "good Samaritans" were negligent in not setting up flares to warn oncoming motorists and in not caring for the second person in the car.

This "second person" somehow got out on her own and was injured further when another car careened into the overturned car. The person bringing suit was only 17 years old so you might assume a lawyer played a significant part in the decision to sue.

"One night four teenage friends were in an idling vehicle. The driver had unknowingly backed his Bronco into a snow bank. The exhaust system was not working right, and carbon monoxide seeped into the vehicle. Sometime later a boyfriend of one of the two girls was out looking for them. What he found didn't look good. He found his girlfriend, her best friend, and two male friends slumped over; he knew it was carbon monoxide poisoning and that he had to get them to a hospital quick. He rolled down the windows of the Bronco and drove to the hospital.

Upon arrival the two sitting in the back seat, a boy and his girlfriend's friend, were found dead.

The others were near death but lived with minor problems resulting from the poisoning. It was a matter of minutes before they would've died too. Now the parents who own the Bronco want to sue the teen who saved their son's life. He took responsibility and did a heroic thing, but the responsibility avoiders claim he should not have driven their vehicle without their permission."
Lindsay Mannelin, Deer River High School, Deer River, Minnesota

"Kavin Gill and another employee of DeBest Plumbing Inc. rescued Dwight Kaufman after a dirt trench wall collapsed on him. Dwight Kaufman's head was buried underneath the dirt so Kavin Gill dug the dirt out from around his head. They were fined seven thousand, eight hundred seventy-five dollars because they didn't take the proper safety precautions against other walls falling before they went and rescued Dwight."
Kristen Hoozee, Prairie High , New Raymer, Colorado

"A fireman, who is also my father, told me about a story he read in which a man was sued for saving another man's life. . . . Apparently the man in danger was trapped in a cave of falling rocks. The rescuer went in to save him, and was sued because he did not bring an extra hard hat."
Regina Austin, Blue Ridge High School, Blue Ridge, Texas

Deep Pockets: Where There's Money There's A Lawsuit
or How To Stop Progress

"A lady requested a speed bump be installed near her home where people habitually speed. The city turned her down saying, 'Someone could easily lose control of their car if they hit a speed bump while speeding... the speeder...could then turn around and sue the city with a good chance of winning.'"
Matt Cunningham, Plainview High School, Ardmore, Oklahoma

"My sister owns a hair and tanning salon in Sioux Falls, South Dakota. Since she has opened the salon, she's learned that there are many risks that come with owning a tanning salon. If somebody tans too much and develops some kind of skin cancer from it, they could sue my sister for a lot of money and probably win. Even though signs are posted as how long to tan, and the customer chooses to ignore them, should the shop owner still be held responsible?

I know I cannot solve all the problems in the world today, but I have tried to at least solve one of them. Remember the problem my sister had with her tanning salon? I talked with her and mentioned the idea of having tanning cards. This would mean if you went into the tanning salon for the first time, she would give you a card to fill out before you start to tan. On this card would be questions like: How well do you tan? Do you burn easily? Do you have any type of health risks? What type skin do you have? etc. My sister would then read it over and decide whether or not this person was a high risk. She would maybe only allow them to tan three times a week for 20 min. each. If this person was not at high risk, she could maybe let them tan every other day for 30 min. each. In both cases, after one to two weeks at that schedule, they would fall back to tanning one to two times a week to keep their tan.

My sister thought this was a good idea, but whether or not she will decide to use it is another thing. She has to decide if the money she's making from the people who tan exccessively, is worth the risk of a possible lawsuit."
Tonya Koutson, Centerville High School, Centerville, South Dakota

"Things were beginning to get out of hand in the state of Florida in the mid to late eighties. So many doctors were being sued for malpractice that they were refusing to deliver babies of lawyers. Also, a woman who was shot in the back waited thirteen hours before they could find a hospital unafraid of a malpractice suit, only for the woman to turn around and try to sue the police department which found her wounded."
Danielle Johnson, Valhalla High , Valhalla, New York

"A couple was driving down the road, lost control of the car and went into a ditch. ...During the course of the crash the woman's seatbelt broke, the man's did not. She was thrown into the back seat of the car. She survived but her husband was killed instantly because his seatbelt stayed in tact. Her lawyer told her that she could sue...the [car manufacturer] for negligence because of her defective seatbelt. She won a large settlement even though her seatbelt breaking saved her life."
Angie Olsen, Centerville High School, Centerville, South Dakota

"In Washington, D.C. a ten year old boy received more than fifteen million dollars. He was hurt by falling on a asphalt playground. The management, the manufacturer of the playground equipment, and the playground designers were all sued... Another case of irresponsible behavior also took place in Washington, D.C. A four year old girl was scalded by hot water. The girl's mother left the room and her sister turned on the hot water. The water heater manufacturer, the thermostat manufacturer, the building's owner, the property manager, a plumbing company, and the Washington Gas Company, were all sued by her family."
Amber L. Gillenwater, Rock Hill Senior High School, Ironton, Ohio

"Fawna Wright, age twenty-three, sued a German chemical company that makes laundry detergent. She claimed that her leukemia was caused by this detergent, which was used to wash her diapers when she was a baby. In 1990, she received three point seventy five million dollars from the company. She also claimed that the detergent gave no warning. There were no medical records showing that she developed leukemia as a child. This woman appears to be looking to blame someone else for a problem she has. This action resulted in a huge loss of money by the German chemical company and will most likely cause this company to lose customers who read the article that their detergent causes leukemia."
Amy Torchia, Valhalla High School, Valhalla, New York

"The founder of Domino's Pizza dropped the 30 minute guarantee on pizza delivery after a court found a Domino's driver guilty of running a red light and striking a woman. This shows responsibility on the part of the owner, but is the $79 million dollars awarded to the woman really an appropriate award for personal injury? Does this contribute to the high numbers of law suits filed in America today?"
Mike Godfrey, Phoenix High School, Phoenix, Oregon

"I work at a local supermarket. Lawsuits happen about once a month in our store. About a year ago I was filling milk, when an elderly lady approached me asking for help since she had extremely poor eyesight. I helped the lady, and was instantly approached by her friend. Soon after, the elderly lady attempted to walk off and bumped into a milk crate. She ripped open a sore on her leg. The lady ended up filing a lawsuit saying that I was negligent for leaving milk crates out on the floor.

At another supermarket, belonging to the same chain as mine, but in California, an employee forgot to tag a special advertised item. A customer, angry at the store for trying to rip her off for fifty cents, sued. On top of that, the store was fined by the state. Both the example above and this example are of people trying to make some easy money by suing a business. In the first example the lady shed her responsibility for herself, expecting the store to clear out any obstructions from her path because she was blind. When she hurt herself and attempted to put the blame on the store, she was expecting the store to be responsible for her every action."
Josh Alner, Phoenix High , Phoenix, Oregon

Students are concerned. They know they're discussing their own future:

"All of the lawsuits that are filed by irresponsible people scare off manufactures and doctors, as well as, tie up our nation's court system. Twelve percent of gynecologists say they have stopped delivering babies because of litigation risks and insurance premiums. Forty-seven percent of U.S. manufacturers say they have withdrawn products from the market and in the 1960's eight out of nine pharmaceutical companies which conducted contraceptive research dropped out due to fear of lawsuits. The U.S. has five percent of the world's population, but seventy percent of its lawyers. Today, there has been three times as many lawsuits filed in federal courts as there was in 1960."
Jennifer Waddell, Rock Hill Senior High School, Ironton, Ohio

No one dares operate any type of business in a litigious society without insurance coverage. A business offered a safe ride home to drinkers, charging $12.50 for trips up to 10 miles. The business had never put a claim in for insurance and was insured for $1,500,000 per vehicle. Nevertheless its premiums were continually raised until they reached $10,000 a year. After 125,000 trips the business was about to fold because of insurance costs.

"There are a growing number of commercials on television advertising accident lawyers who promise that their client will receive a settlement or that the lawyer will not bill the client. It seems impossible that they can promise these results even before they hear the circumstances...but they have found a way and are not being stopped by the judicial system. This is because lawyers have become so experienced they can...lay the blame wherever they wish."
Kerri Dodds, New Providence High School, New Providence, New Jersey

"Defendants have no choice but to hire a lawyer and go to court when someone sues them for a large amount of money. In the end, this ultimately hurts our economy. People are forced to pay higher insurance rates to cover the needs of those being sued. The irresponsible behavior of a few causes harm to many."
Richard Blagg, Jr., Aubrey High School, Aubrey, Texas

"There is a way to get rich quick in America. And instead of working long and hard hours all one has to do is do something stupid. That's right, do something dumb, sue the manufacturer and win millions of dollars in a lawsuit."
Scott Corcoran, Seaman High School, Topeka, Kansas

"People sue other people because they do not want to take responsibility for their wrong actions. Many times this is not true, but this does happen when people don't read directions and sue when they get sick from misuse of a product. These court battles take up much money and time for everyone involved."
Kelly Earp, Knoxville High School, Knoxville, Illinois

In 1986 hundreds of claims were filed blaming automobile accidents on an unidentified design defect in the Audi 5000. By 1989 Audi was facing demands totaling $5 billion. After comprehensive studies by the National Highway Traffic Safety Administration, and its counterparts in Canada and Japan, the cause of the sudden acceleration in the Audi was determined. The extensive studies showed that the cause was the same as in any other car...a foot placed accidentally on the wrong pedal. Despite this total vindication, a California court brought in a $3.7 million verdict because Audi should have made its car idiot-proof!

"People like Glen Bailey, of Keene Corporation, have decided to fight questionable lawsuits rather than settle them. Bailey is taking responsibility for his corporation which manufactured asbestos plaster, cloth, and pipe coverings. With over 76,000 cases pending, he is making sure that only those who deserve compensation will get it."
Nicole A. Mellado, Carbondale High School, Carbondale, Illinois

Town officials in Amherst, Massachusetts, allocated $125,000 for the removal of bird droppings from the Town Hall attic. Residents were outraged and formed a group called Pigeon Busters (they were dressed in Ghost buster paraphernalia which included gas masks, respirators and rubber boots) and offered to clean up the mess for free. The town officials refused because the cleaners needed to have insurance to cover the town and themselves. The volunteers offered to sign waivers, but the town said it would still be liable. Bids, ranging from $50,000 to $260,000, had come in from professionals with insurance.

The problem started when a town employee thought she had contracted a disease transmitted by birds. Her supposition turned out to be false, but it spurred the officials to action. The volunteers came up with a brilliant idea that apparently hadn't occurred to the elected officials...fix the broken window frame that had let the pigeons enter the attic!!!

Irresponsible Journalism

"After airing an investigative report on the faulty placement of gas tanks of GM trucks, a major network television newsmagazine, Newsline admitted to rigging GM truck with igniters, causing them to explode. The show included many shots of these trucks colliding and because of the faulty gas tanks, exploding. To get a story, they ruined the reputation of a reputable automobile. It is getting harder to even believe the news on television."
Jera Chandler, Plainview High School, Ardmore, Oklahoma

"Recently the media has [come] under fire for irresponsibility. When the eighty-one second videotape of Rodney King being beaten by four white police officers was shown time and time again on every news program in the country, many experts believed that the media was responsible for the Los Angeles riots. People saw the video tape so many times that a guilty verdict, convicting the officers, was the only acceptable outcome. When the verdict was not guilty, people were so angry that the Los Angeles riots began.

Another example of media irresponsibility is the recent rash of 'setup' news stories. Although NBC, and its scandal over setting up a GMC truck to blow up during a news story on the dangers of the truck's gas tanks, was the most publicized, almost every major network has been accused of rigging news stories. CBS has been accused of setting up combat scenes in Afghanistan. A news reporter in Alexandria, Minnesota, was found guilty of providing minors with alcohol for a story on teenage drinking. A reporter for USA Today was suspended for fixing up a photo of gang-members. The reporter had actually sent the young men home to get their guns to pose for the picture."
Mara Bergeron, Deer River High School, Deer River, Minnesota

We asked students to include a solution to a social problem in their essays. Erica and Jenny tackled ethics in journalism while Lindsay honed in on the problem a local paper was having with its letters to the editor:

"The problem of journalistic ethics...is a widespread problem. No one person can solve it completely. I think, however, that it can be corrected by concentrating on the future journalists. If I could get together with the journalism department in my school, [I would urge them to] ...put out a newsletter to circulate to other schools. It would include activities for teachers to give journalism students in order to stress the importance of ethics in the media. It would also teach aspiring reporters that researching a story is imperative to being a well respected, successful reporter. As the newsletter grew, we [might] get additional support and funding from other schools [in order to expand] circulat[ion]."
Erica Anderson, Strasburg High School, Strasburg, Colorado

"Given the chance, I would do three things to improve responsibility on the part of the mass media today. The first thing I would do is to pass a law (one that is enforced) that no public or private figure can be bothered by the media until there are official indictments made. Secondly, a simple 'tit for tat' should be legally enforced. [When] a newspaper does a front page story on a person's involvement with drugs, and [later]... discovers the charges are not founded, they have a tendency to [apologize] on page twenty-seven two weeks later. The paper should be legally required to give the same attention to the dropped charges and clearing the person's name as they did to the original charges. A front page story should get another front page story."
Jenny Larson, DeForest High School, DeForest, Wisconsin

Linda and Cecil offered more subjective criticisms:

"One major act of irresponsibility, in my mind, involves the Bobbitt case. In case anyone hasn't heard of this case, it involves a wife who has severed her husbands male organ after he presumably raped her. Whether she was justified in this matter or not is not the issue here. While I agree that this is a peculiar case and newsworthy, I don't feel it deserves this much attention. Also the detail in which this case has been presented is�distasteful. Not to say I don't feel the public has a right to know, but enough is enough."
Linda Cheung, Central Islip High School, Central Islip, New York

"Papers don't dig for the filth they print; it is easy to find since it floats like scum on a pond. If they were to dig, they would find human compassion, and responsibility."
Cecil Boyd, Freeman High School, Rockford, Washington

Although the following excerpts offer no concrete solutions, these students showed they were aware of the role media played in exacerbating or alleviating what many view as the "irresponsibility epidemic". They saw the potential:

"In US News and World Report I read that in the inner cities TV sets are turned on for eleven hours a day."
Becky Anderson, Phoenix High School, Phoenix, Oregon

"During a single day, ten various networks showed a total of 389 serious assaults, 362 incidents of gunplay, and 273 punching scenes."
Andrew Tsung, Carbondale High School, Carbondale, Illinois

"Some of the responsibility lies with television. Television programs have become more and more daring in the showing of violence and sexual themes. There was such an excessive amount of violence in the program that ABC executives wanted to tone it down, but the miniseries producers screamed censorship and nothing was done."
Mindy Tschetter, James Valley Christian High School, Huron, South Dakota

Some students urged dominating the media:

"Television and movies are not the root of the problem. All the editing and censoring in the world cannot solve the basic problem...the need for people to take responsibility for their actions."
Nick Eagan, Lexington High School, Lexington, Illinois

"Do not be guided by technology, take it upon yourself to guide technology. The media provides outlets for achievement ineducation, business, entertainment and politics. We cannot afford to waste this priceless resource."
Jenny Thurman, Walters High School, Walters, Oklahoma

"If we feel a program to be too violent, we should not demand TV to be censored but pick up the remote and exercise our right to turn the channel."
Nicole Lien, Barnesville High School, Barnesville, Minnesota

"If violence must be shown, show the widow grieving, show the mother hysterical over the loss of her only son"
Ashley Wilson, David Crockett High School, Austin, Texas

Student interests (football and hunting) add a personal touch to the following excerpts:

"My view of responsibility is people tending to their business and taking care of top priority. The only thing, besides school, that has really taught me responsibility, is football. Football players must be extremely responsible for working out, making practice and having an over all good attitude about themselves and their teammates. The game teaches discipline and is a good way to teach yourself responsibility."
Keith Wrape, Walters High School, Walters, Oklahoma

"Another problem of irresponsible behavior is that if you have a No Trespassing sign (posted) on your land and someone comes on your land to hunt without your permission and gets hurt, who should have to pay for their injuries? According to the law it is the land owners responsibility. If someone has nerve enough to come on the land and hunt even though there is a No Trespassing sign up and they get hurt, then they should definitely have to pay for their own injuries. If the landowner had the responsibility to (post) signs, so others should have the responsibility to stay off the land."
Jackie Welsh, Centerville High School, Centerville, South Dakota

Responsibility

Responsibility: who had it and who didn't. What that meant to the children discussed in the next two excerpts is all too clear:

"An eighteen month old baby was admitted to the pediatrics ward with a condition called Strider. Strider is a swelling and irritation of the bronchial tubes. When the baby's condition worsened, it was transferred to the intensive care unit. The intensive care unit was not set up with the correct staff to care for such a case. The baby should have been flown to a larger hospital. To compensate for the lack of correct staff, the doctor assigned a pediatrics nurse to the intensive care unit. This nurse was instructed to notify an intensive care nurse whenever the baby needed its lungs suctioned, a procedure the pediatric nurse could not perform. The baby later died because its lungs were not suctioned at the proper time. When the pediatric nurse was questioned she claimed that she was not qualified to work in intensive care and therefore would not be held responsible. The intensive care nurse replied that she was not notified by the pediatric nurse that suctioning was needed. Couldn't someone have taken the initiative and saved this baby?"
Abby Ann Dunn, Knoxville High School, Knoxville, Illinois

"A third example of responsible action is the woman who became irritated with the child that kept fidgeting in front of her at a Los Angeles movie theater. When she glanced to the side, she realized a sixty-year-old man was molesting the boy. The lady asked the theater's manager to phone the police, but he refused. Therefore she followed the little boy and the molester to a toy store where she begged the manager to call the police. Soon the sixty-year-old man was arrested and found to be a registered sex offender."
Amy Asbury, Knoxville High School, Knoxville, Illinois

In his inaugural address President Clinton pleaded the case for offering more opportunities and demanding more responsibility from Americans. He admonished citizens: "It is time to break the bad habit of expecting something for nothing, from our govern-ment or from each other. Let us all take more responsibility, not only for ourselves and our families but for our communities and our country."

There is no doubt that President Clinton would be proud of the example set by Gary Freas as described by Jerry Schreck in the excerpt from his essay reproduced below:

"T. Gary Freas has cerebral palsy (which) kept him from . . .finding work. He purchased a shoe shining kit, and (took) it to the mall every morning. Nearby workers noticed how reliable Gary was, and . . .built him a shoe shining shop of his own. Now he has his own shop because he took responsibility for his life."
Jerry Schreck, Eureka High School, Eureka, Illinois