COLUMN: Cost of being a risk-taker

From Shiraz Allidina's, "Asian Hil Lizard," Fall '97 From Shiraz Allidina's, "Asian Hil Lizard," Fall '97 America has problems." Every day, we are bombarded with numerous fragments of anecdotal evidence that this country is rapidly moving towards hell in a hackneyed handbasket. The hegemony is in decline, the emperor has no clothes, and Mickey Mouse and the whole Magic Kingdom are about to fall. I am a foreigner in this land, and must confess that I enjoy America and Americans very much. Furthermore, I've always believed the problems facing this country are transitory and, with a little pain and effort, soluble. Allow me to stress that I am not usually accustomed to the optimist's outlook. In fact, I should probably be more accurately described as somewhat of a cynic. But I hold enough idealism to believe that a country dedicated to freedom and infused with energy and enthusiasm will continue to prosper. And I'm comforted by the fact that Americans, through their own prodigious capacity for navel-gazing, are willing to recognize their country's weaknesses. This land doesn't (yet) suffer from the hubris of bygone empires. However, there is one persisting trend which offers cause for concern. It is a matter which shackles the philanthropist, confounds the average man, and astonishes the sane observer. No, I'm not talking about the popularity of daytime talk shows. Rather, I am referring to the changing way in which Americans perceive and handle risk. The original European settlers to this country, as well as its indigenous inhabitants, were very comfortable with the idea that life includes risk. The old frontiersman knew that his survival in the New World depended on his wits, the weather, and a good deal of luck. Still, he was willing to take the risks in order to live a free and satisfying life. The entrepreneurial spirit thrived, as did the nation. Inevitably, the pendulum has swung; perhaps too far. As society and technology have evolved, we have naturally endeavored to minimize the effects of risk. This trend has occurred in most industrialized countries and is reflected, for example, in product safety laws. In America, however, the zeal in mitigating risk has led to a more insidious force: the desire to repair and redress any and all adverse consequences caused by accident. If something goes wrong, the courts will find someone to blame. This attitude has had sinister results. The natural inventiveness and initiative of the American people are diminishing. Not long ago, you could still throw a party, make a see-saw for the neighborhood kids, or build a better mousetrap without having to worry about possible legal assault. Today, any of these actions could, in the event of an accident, precipitate a gargantuan lawsuit launched by a self-proclaimed victim and his eager attorney. Our society is so afraid of what could happen and what might happen that it effectively penalizes anyone who tries to do anything at all. We're not talking about outrageous behavior like swallowing fire or bathing in salsa -- rather, it's normal, everyday activities that are being discouraged due to their association with a perceived potential risk. What has gone wrong here? It would be easy to blame the lawyers. Everyone blames lawyers -- they "pervert the general reason of mankind" according to one of my favorite cynics, Jonathan Swift. However, the law and its agents are merely a reflection of ourselves: the fault lies with each of us. We must change our attitudes; we must accept a couple of universal truths: 1) Unfortunately, sometimes there is nobody to blame for the vicissitudes which shape our lives. 2)Just because something goes wrong, it doesn't necessarily follow that somebody somewhere has to pay. Fine. But how can we improve the situation? Perhaps we could ultimately reassess the individual's exposure to risk in this world, and create an Awareness Program. This modest proposal would involve giving each citizen a leaflet at birth, saying something like: "WARNING -- in the course of your lifetime, shit may happen. This could be unpleasant. Exist at your own risk." Risk is a fact of life, and strategies to minimize or avoid risk are a natural response. A clearly-defined, understandable legal system and a sophisticated insurance market both help society to manage this risk. However, individuals must realize that a persistent attempt to foist risk upon others assigns a pernicious cost to society as a whole. Inevitably, those who ultimately bear the cost of risk will seek to restrict the behavior of the "risk-takers." That's why municipalities are beginning to dismantle public jungle gyms. It also explains why the Palladium won't let adults drink outside on the terrace on a bright spring evening (except, of course, if alumni are in town). At the moment, it seems the whole thing has spun out of control. Hopefully, at some point, we will pause for breath and evaluate exactly how far we're willing to go to tie down the fickle hand of Providence.