"Responsible" Third Parties

In the last 2-3 months I have been asked several times to research the issue of designating a responsible third party (RTP) in Texas. For those of you non-legal folks, a RTP is basically any person who may have had any part in causing damage or injury to a plaintiff in a lawsuit. This doctrine also recently changed in Texas, thus the sudden interest in the doctrine by the partners in our firm. I know, I know, this does not sound very interesting you say, but after extensive research, and glass of wine or two, I realized how applicable this doctrine is to everyday life... I mean just think of all those times when you got in trouble as a kid when your little brother or sister really caused the problem, or how you were reprimanded at work for something you co-worker did. How great would it be if you could simple designate that pesky younger sibling or meddling co-worker as a RTP... thus relieving you from some of the blame.

Lawyers use the RTP designation most often when they represent defendants and hope to show proportionate liability or avoid joint and several liability. Simply put, a defendant is free to move the court to designate just about anyone as a RTP as long as there is some evidence that this person did contribute in some way to the injury or damage. I imagine this this scenario playing out in households everywhere something like this:

Mom: Johnny get your butt in here right now!

Johnny: But Mom, I didn't do it!

Mom: Johnny why on earth did you you XYZ....?

Johnny: Well Mom, its not all my fault, you see Jane told me to...

Mom: Do not bring your sister into this, she did not make you do this.

Johnny: No she did not make me, but according to the Texas Civil Practice and Remedies Code, she is a "person who is alleged to have caused or contributed to causing in any way the harm for which recovery of damages is sought, whether by negligent act or omission, by any defective or unreasonably dangerous product, by other conduct or activity that violates an applicable legal standard, or by any combination of these," because she told me that I didn't have the balls to do it!

Mom: [blank stare]

I think back to all the times I got in trouble for something my brother did, or instigated and vice versa. There are the rights that break out in the playground or school hallways in which someone always says well so-in-so said something about my.... Our society is such that we always looks to pass the buck, and the RTP is merely the legal way to do so.

So the next time you find yourself in the seat of blame, remember to invoke your right to designate a RTP (after all its never all your fault, right?) ~ The Illegal Blonde