Letter to the Editor:
Hurricanes Responsible, Not Businesses

The Register-Herald, Nov. 6, 2005

The litigation lottery approach has gone to a new level in this country as lawsuits are being filed on the heels of the recent destructive natural disasters in the southern part of this nation. Apparently, plaintiff attorneys are creating class action and mass suits against anyone they can think to blame for the destructive effects from Category 5 hurricanes. A couple of these have been filed in Mississippi , a state that has worked recently to correct its lawsuit reputation.

Some are alleging that major oil companies are responsible for global warming and the recent round of hurricanes such as Katrina and Rita. Others are filing suits against insurance companies on behalf of individuals who elected not to get federal flood insurance, even though those same individuals were living in flood-prone areas. It is common practice for homeowner policies to exclude flood losses. These pending lawsuits want insurance companies to be held financially responsible for these tragic events and poor decisions.

Another suit is claiming that off-shore drilling activities are responsible for New Orleans flooding; never mind the fact that the city is on the coast and sits many feet below sea level. Another irony in all of this is that plaintiff attorneys have elected to file their suits in Mississippi , instead of Louisiana .

While what has happened in the Gulf Coast region is tragic and devastating to those who are victims, trying to blame the business community for the perils of Mother Nature is not the appropriate course of action. The efforts by some plaintiff attorneys to exploit and profit from this situation are unseemly and unproductive, overall. They also can give these victims false expectations.

What these victims need is rapid response and sufficient aid to get their lives — and their communities — back into productive order. We need to get businesses back in operation so jobs can be restored. This is the most reasonable way for getting our fellow citizens back to some level of normalcy.

The legal lottery must end in this nation if we are to maintain a viable and prosperous business community. True, businesses need to operate in a socially and environmentally responsible manner, uphold their contractual obligation, and be answerable to shareholders, regulators and consumers. However, business confidence and stability are shaken when plaintiff lawyers orchestrate mass suits in an effort to hold companies responsible for violent acts of nature or for poor decisions by governments or individuals.

We need a reality check in this nation. We don’t need more lawsuits that exploit natural disasters and try to take advantage of human suffering.

Steve Roberts
Charleston