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“A Duty to Act Responsibly”

A High Price for Irresponsibility

Although the law can become extremely sophisticated, subtle, complex, and just plain wordy, only a couple of very simple concepts live at its heart: responsibility and reasonableness inform just about every legal concept and principle.  The law assumes that all citizens have a duty to act responsibly.  And just about every question of law eventually will come down to one  fundamental question: Acting  responsibly, what would a reasonable person do under these circumstances? 

The answer comes out in myriad forms.

A reasonable person stops and renders assistance at the scene of a car accident.  A reasonable person drives with regard for her own safety and the safety of others.  A reasonable, responsible person never would drive while intoxicated.  At work, a reasonable and responsible person would make sure the work area was safe.  A responsible parent never would neglect, abuse, or molest his child.

If a person neglects or willfully refuses responsibility, he may commit a crime, but he definitely commits what the civil courts call a “tort.”  The word, in a strange mix of English and Latin, means simply “wrong.”  And the law accords with common sense.  If he's done you wrong, he’s going to pay. 

A person can fail to act responsibly in several ways: Negligence suggests a person simply has not thought about your welfare, and you have suffered as a result.  Call an attorney. “Recklessness” implies that a person willfully, “maliciously” has shown no concern for your safety or well-being.  Get an attorney.  Harassment, discrimination, intimidation, and unfair treatment are different forms of the same basic “tort”: the person has abused his or her authority, and you have suffered as a result.  Get an attorney.

In personal injury suits, the injured party—that’s probably you—can collect both “compensatory damages” and “punitive damages.” 

When the person failed to do his duty, he became liable for anything you paid or lost as a result of his irresponsibility.  Lost wages become damages.  Medical costs become damages.  “Loss of the enjoyment of the quality of life” becomes damages. If he damaged your reputation, he must pay.  If he prevented your advancement, he must pay for what you would have gained if you had moved-up in the world.  If he crippled you physically or psychologically, he must pay what it cost and what it will cost in the future.  Get an attorney.

“Punitive damages” punish the irresponsible person for his or her failure to do the right thing.  Often, judges and juries will award huge punitive damages to send a message to the community—we do not tolerate this kind of irresponsibility.  Get an attorney.

Citizens must learn they pay a high price for irresponsibility; when you have suffered at the hands of another, get an attorney.