Craig MurphyWe are entering an era where corporate irresponsibility will be taken to new heights. As Emeril says “to notches previously unknown.” How can this happen? The thought that has been superimposed upon the general public is that businesses are failing because of frivolous lawsuits. Frivolous lawsuits are ruining the country. Unfortunately, that translates into the belief that all lawsuits are frivolous. There is a distrust of anyone who brings a lawsuit for injuries and damages these days. The injured person is no longer viewed as an unfortunate victim of negligence. The injured victim is seen as a money grubbing person out to strike it rich. Instead, in today’s society, it is the negligent business that is viewed as the victim. The unfortunate business that has to endure a lawsuit by a personal injury trial lawyer.
That pervasive attitude is the result of a long-running and ongoing multi-billion dollar campaign by insurance companies and big business. The goal is to crush the rights of the little guy. To close the courthouse doors to the common everyday person. Another goal is to generate larger corporate profits. Not only by eliminating lawsuits for the corporation’s negligence, but to also allow the corporation conduct business in an unfettered manner. No more worries about corporate responsibility getting in the way. Take whatever course of action it chooses and the corporation can generate larger profits and not have to worry about the victims it leaves in its wake. Examples that are just starting to come to light are in the housing lending schemes and the Wall Street bailouts. We see examples in the newspapers every month on examples from China where unsafe and harmful products are placed on the market because of a complete failure of any regulation or standards. Merely a profit motive is operating as the only anchor. We have entire housing projects that are contaminated with unsafe and hazardous Chinese drywall. McDonald’s Corporation just had to recall all of the promotional drinking glasses it was giving away because they were made with a deadly chemical. At the present time we see a disaster of unknown proportions unfolding in the Gulf of Mexico as oil continues to spew into the Gulf. Time will only tell whether BP and the other responsible corporations will meet their responsibilities or whether they will seek to avoid their responsibilities through claim denials and years and years of litigation.
On a smaller scale, here is another example. A life insurance company receives a claim under a life insurance policy. The life insurance company informs the beneficiary of the life insurance policy that it is going to conduct an investigation. The beneficiary cooperates fully by providing all documents and records requested. The beneficiary gives a recorded statement. The beneficiary completes questionnaires and forms. The claim is accepted. The beneficiary receives a check for the payment of the life insurance policy.
Nine months later the beneficiary receives a letter saying that the life insurance company made a mistake. No specific mistake is stated or indicated. There is no allegation of fraud or that the beneficiary did not cooperate or gave false information. The letter just says the company made a mistake. Because the life insurance company allegedly mader some mistake, the life insurance company demanded that the beneficiary send the money from the life insurance policy back to the company.
What if the money is gone? What if the money has been spent? What if the money has been invested? How and why should the beneficiary have to pay it back? The life insurance company gave it to the beneficiary. It said, here it is, it is yours. Where is the corporate responsibility? If the life insurance company made a mistake shouldn’t it have to live with it? Shouldn’t the life insurance company have to accept the negligence of its employees’ actions. Instead of accepting the fact that it paid the money, wrongly or rightly, the insurance company refuses to accept responsibility. Isn’t the real answer the same thing we would teach our children? Accept the consequences of your actions. Grow up and learn to be a responsible citizen. It is time for us and our corporations to learn and live by the lessons we teach our children. Start taking responsibility for your actions. Fess up and pay up when you are wrong. Your mom, or in the case of corporations, your PR Firm and multi-million dollar ad campaign will not always be there to bail you out of the messes you create. Accept responsibility and make it right. Then learn a lesson from the mistake and don’t do it again.