carolina guy
Regular Member
The more time goes on, the less this is the specific problem I observe with limited liability. It's very common for large companies to be assessed millions of dollars in punitive damages. As significant as the damages may be, the largest companies can usually pay. But what punitive effect is placed upon the shoulders of decision-makers? Sure, shareholders might become upset at damage to the bottom line and might replace management, but then this is always a risk management bears.
I credit Nassim Nicholas Taleb for helping me really see this, but the big problem is not the shrugging of tortious liability, it's the separation of decision-making from responsibility. And this separation is every bit as intentional and desired an effect (to the company) as is the possibility of skirting the payment of damages by shareholders; it encourages greater risk-taking, where large firms can easily recoup losses for failures and still make a net profit on the entirety of their risky ventures (since risky ventures tend to have a high payoff and plenty of others will succeed).
The problem is that, while a large firm may recoup the losses from one risky venture with several others, the damage caused by (say) a huge ecological catastrophe may not be easily assessed and is likely to be borne (at least in part) by those with no responsibility for the decision-making, i.e. the rest of society.
Too much risk and not enough responsibility is always a recipe for disaster.
Just to clarify, when I mentioned eliminating limited liability of share holders, I meant eliminating it entirely.
You do bring up several VERY good points, and I would suggest that additionally the management AND employees of a company should be held liable for the actions of the company. If someone (anyone) should reasonably know that a particular action will cause harm to another, they have a moral obligation to not engage in that action, period. The tired excuse that someone was "just following orders" should have absolutely no weight in determining liability (criminal or civil). If an action is wrong, it is wrong.
And then let's just extend this limited liability removal to government...hold everyone responsible for the actions THEY take. If you work for an alphabet soup agency, and you do something that harms someone, you are responsible. Don't like the risk, don't work there.
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