Taking Personal Responsibility

Relatively recently, some high profile legislation has either been introduced into or passed by Congress giving corporations an unprecedented free pass on the injuries their products cause to consumers. One piece of legislation is the infamous "Cheeseburger Bill" which would allow fast food restaurants to be immune from so called obesity lawsuits. The lawsuits allege that McDonalds and other similar companies are liable to the person for their obesity. Another corporate immunity bill, which was passed, is for the gun industry, and it prevents people from suing gun manufacturers for injuries sustained by their product. The currently pending lawsuits allege that the gun manufacturers intentionally place more guns than the market can handle into the market stream of states with lax gun laws such a Virginia. These guns then make their way up the "iron pipeline" (e.g., the NJ Turnpike) and are sold illegally in northeastern states.
Champions of these pieces of legislation argue that the lawsuits merely require that people (i.e., potential plaintiffs) take personal responsibility for their own actions and not try to hold corporations responsible for the person’s own decisions to use these products. But when is the corporation responsible for its actions?

When a corporation puts a product on the market that is dangerous to the user then the corporation should be held responsible for the injuries its product causes. The corporation made the conscious decision to place the product on the market despite there being dangers to the unsuspecting public. The corporation is in the best position to know what dangers their product poses and the corporation must be held responsible for failing to pull an unreasonably dangerous product off the market or at a minimum warning the consumer of the potential hazards their product can cause.

For a decade lawyers sued the tobacco companies arguing that the companies placed a dangerous product on the market, which, when used as designed, caused lung ailments and resulted in death of the consumer. Eventually, juries started ruling against the tobacco companies when it was learned that the companies had lied about their product and had conducted experiments to ensure that the product was addictive. Despite the first victories for the tobacco companies, the plaintiffs kept bringing suit and eventually, the truth about the product was placed in front of a jury and the tobacco company lost. Additionally, states started suing the tobacco industries for the medicaid costs associated with tobacco related illnesses. The state lawsuits terminated in a settlement of over $200 billion.

The book Fast Food Nation details how the fast food industry adds specific ingredients into their products to create addictive properties. Specific amounts of salts and sugars in the hamburgers establish an addictive nature to them so that the consumer is sure to return. Additionally, the product is largely marketed to children, so they will establish the addiction early in life, and the companies seek to have people eat their product several times per week despite the high calorie content and the potential for the consumers becoming obese and unhealthy. The direct result of obesity from fast food restaurants can be tracked through obesity’s dramatic increase in nations where McDonalds is newly opening: Japan and African nations. This is evidence that the fast food industry produces and knowingly markets a product which is dangerous to the consumer. Yet, Congress is trying to protect the industry from being held responsible for producing harmful products.

Today we would not say that Ford should have been immune from lawsuits caused because of the defect in the Ford Pinto a defect Lee Iaccoca knew of prior to the car being placed on the market or Chevrolet for its Corvair. Today, few would deny that the tobacco industry should be held responsible for its malfeasance, so why should the fast food industry or the gun industry receive a free pass for placing unsafe products on the market. Holding the corporations responsible for the injuries they cause consumers is not a result of the consumers failing to take personal responsibility, it is holding the corporations responsible for their personal actions.