I cannot imagine a family tragedy worse than the death of a child. As
parents, we work to pass on a brighter future to our children, and when that
dream is destroyed by a child’s death, our world is turned upside down.
In that light, I can understand why the parents of Olympia peace activist
Rachel Corrie are suing over their daughter’s death. I cannot say the same
for their lawyers.
23-year old Rachel Corrie died in March 2003 as she tried to block an
Israeli soldier from bulldozing the home of a suspected Palestinian
terrorist. The Israelis say she fell and the driver didn’t see her.
Activists say Corrie was intentionally run over.
The Corrie family sued the Israeli government over their daughter’s death.
But in a move that surprised – one which puzzled many – the family also
filed a lawsuit against Caterpillar, the American company that built the
bulldozer.
Lawyers in the case say Caterpillar bears partial responsibility for
Corrie’s death because company officials knew that the Israelis were using
some of their bulldozers to demolish homes of suspected terrorists, or as
the attorneys see it, to commit human rights abuses. In their view,
Caterpillar should be held accountable in much the same way as World War II
chemical manufacturers were found complicit for knowingly selling poisons to
the Nazis that were used in the Holocaust.
The Corries have a perfect right to make a claim against Israel over their
daughter’s death, but their lawsuit against Caterpillar is off the mark. In
essence, they are asking a company that manufactures tens of thousands of
machines each year to be responsible for how three or four of those machines
might be used.
Based on that principle, should we hold automakers responsible for
manufacturing snazzy cars that appeal to young people who then injure or
kill themselves in street races? If a convicted murderer who has served his
time buys a kitchen knife, should the knife manufacturer be held responsible
if that person then uses the knife to kill someone?
Obviously, holding a company liable for how a purchaser misuses a product is
an unreasonable standard. U.S. companies are already crippled by liability
insurance and nuisance lawsuits, resulting in stupid warning labels like the
ones on wood chippers warning people not to put their hands in the blades
while they’re running.
These lawsuits – and the fear of getting sued – raise insurance rates and
increase the price of our products, making it more difficult for American
producers to compete worldwide.
Any product can be misused, and the blame lies with those who misuse it –
not the company that made it.
The truth is, anything can be used as a weapon. Even as airport security
screeners confiscate pen knives and sharp objects, the fact is you can kill
somebody with a pencil. Are we going to hold companies responsible for that,
as well?
Obviously, Rachel Corrie’s death was a tragedy, but trying to hold the
Caterpillar Company responsible is a travesty.