Are You Careful Enough?
In America, you can be sued if something you do, or fail to do, harms someone or damages their property. However, the law does not make you responsible for every harm or damage you cause.
So, when are you responsible and when are you not?
Like so many things in law, it depends on the specific facts. But, there are some general rules that might help you adjust your behavior so that you can limit your chance of being sued, and, even if you are sued, increase your chance of winning the lawsuit.
Note: The advice provided here is for general education only. If you think you might be involved in an actual lawsuit, you should meet with a good local lawyer who specializes in your type of case because the laws are different in different states. Also, every lawsuit is different, so each one must be handled differently depending on the facts.
DUTY TO ACT LIKE THE REASONABLY CAREFUL PERSON
The law requires everyone to be reasonably careful not to harm others or their property. That’s why whenever someone gets hurt or some property is damaged, people want to know “How did it happen?” and “Whose fault was it?” If you do harm to yourself and your own property only, you can’t be sued for that because you can’t sue yourself in court. However, if you do harm someone else or their property and that harm was caused by your failure to be reasonably careful under the circumstances, then the law says it was your fault and you must pay for it.
But, what if you were drunk at the time or under the influence of a prescription drug? Or, are you responsible for your children, your pets, or your property harming others? What if you had no idea they were dangerous? Ultimately, a judge or jury will decide these questions based on the specific facts of each case based on what they believe the “reasonably careful person” would have done in your situation.
Your Intent Does Not Matter Much
In this area of law, called “negligent torts,” what you were thinking when you did the act that caused the harm does not matter much. Of course, you didn’t mean to harm anyone. If you did, that would be an “intentional tort” (and usually also a crime). (See, e.g., “Was O. J. Simpson Guilty?“) The only issues the judge or jury is allowed to consider in deciding whether to make you pay for the harm done to the person suing you are:
1. Were you required by law to be careful to that person?
2. Did you fail to be careful enough to that person?
3. Did your failure result in the harm that person is complaining about?
4. If the answers to the above three questions are “yes,” how much should you be required by law to pay that person for the harm you caused?
Questions number 1 and 2 above are really asking whether what you did was something the “reasonably careful person” under similar circumstances would have done. Sometimes, accidents happen, even when we are as careful as the “reasonably careful person.” If so, we are not responsible for the harm that results. (See, e.g., “When Is a Car Accident and Act of God?“)
For example, let’s say you are on a hike with a friend. Your friend gets tired and wants to sit down. You see a log up ahead and suggest the two of you sit there for a while. It looks safe enough because the top is well-worn, as if many hikers previously sat there. You sit on it first without any problem. Your friend asks, “Are you sure it’s safe for me to sit there?” You answer, “Sure I’m sure!” Your friend sits next to you. Suddenly, his portion of the log breaks off and goes rolling down a steep hill, taking your friend with it. He is seriously injured. Was that accident your fault? A judge or jury will probably find that it was not your fault because the “reasonably careful person” might have done the same thing you did.
Under the Influence
The law holds you responsible for drinking alcohol or taking drugs—even legally prescribed ones from your doctor—in a responsible way so that you don’t harm others or damage their property. Therefore, saying you were under the influence of alcohol, drugs, or even an epileptic seizure, is not an acceptable excuse if you should have known not to drink the alcohol, take the drugs, or operate a motor vehicle under the circumstances. Again, the test is not whether most people would have taken the same risks you did, but whether a reasonably careful person would have done it. And, the judge or jury decides each different set of facts.
WHEN YOU ARE RESPONSIBLE FOR OTHERS’ ACTIONS
Now you know you are legally responsible to act like the “reasonably careful person.” But, did you know that you also could be responsible if your minor children, pets, or property harm others or damage others’ property? Here again, you are not responsible for all the harm they cause others or their property, just the harm that the “reasonably careful person” would have foreseen.
Your Minor Children
If your children are under the age of eighteen and they harm someone or damage others’ property, you can be liable for it even if you had nothing to do with it.
Your Pets
Any harm your pets cause to others is also your responsibility, especially if the “reasonably careful person” would have known of the specific danger. (See, also, “Is There a ‘One Bite Rule’ for Pets?“)
Your Automobiles and Other Things You Control
You are responsible to keep all of your personal possessions, such as your automobiles, tables, chairs, tools—basically everything you own or control—in good working order so that no one is harmed and nothing is damaged by them. (But, see, “When Is a Car Accident an Act of God?“; also, to protect your rights at car accidents, see “Legal Advice for Car Accidents.”)
Your Home and Other Property You Control
You are responsible to keep your home, yard, and all property you control safe for all persons who might wander onto it. That means you have to inspect all of it regularly for any dangerous conditions, including any hidden ones. If you find any dangerous conditions on any property that you control, you have to take reasonable precautions to either keep people safely away from them, or, if you can’t do that, clearly warn people of the dangers.
If you are a landlord, you also cannot increase the chance of your tenants becoming the victims of crimes committed by third parties on your properties. See, e.g., “Landlords, Tenants, and Crimes.”
CONCLUSION
Getting sued is a huge money drain, even if you win. So, the best game plan when it comes to lawsuits is to try to avoid them as much as possible. Be the “reasonably careful person” in everything you do and with everyone and everything you control. It’s not only the right thing to do, you will also lessen your chances of getting derailed from reaching your ultimate goals. Be awesome! Be your own hero!
