Hindsight Bias of Juries in Personal Injury Actions

Courtroom Strategies to Minimize Negative Effects of Hindsight Bias

Recording of a 90-minute CLE webinar with Q&A

Conducted on Thursday, August 25, 2011

Recorded event now available

or call 1-800-926-7926
Program Materials

This CLE webinar will provide attorneys with an understanding of hindsight bias in personal injury juries. The panel will offer practical courtroom strategies to reduce the impact of hindsight bias on a jury's decisionmaking.

Description

Personal injury defendants should be judged by the reasonableness of their conduct, not by the outcome of the conduct. However, a psychological phenomenon called hindsight bias makes that standard difficult for jurors to attain.

Hindsight bias results from the human tendency to believe that a bad outcome in a specific case must have been more predictable than it actually was. There are a number of defense strategies that personal injury attorneys can utilize to help minimize the effects of hindsight bias.

Listen as our authoritative panel of personal injury attorneys explores the challenges presented by hindsight bias and offers trial strategies to reduce the impact of hindsight bias on a jury's decision making. The panel will explain practical tools for addressing this challenge in the context of defending cases where there is a very sympathetic plaintiff, a horrific injury, uncontested use of the product, and a defendant perceived to have deep pockets and large profits derived in part from the sale of the product at issue.

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Outline

  1. Hindsight Bias overview
    1. Definition
    2. Psychology and Hindsight Bias
    3. Hindsight Bias compared to other forms of courtroom bias
  2. Hindsight Bias impacts jurors
    1. How legal standards create bias
    2. How courts deal with bias
    3. Recommendations for addressing bias in the litigation process
  3. Practical tips for minimizing juror bias in the courtroom
    1. Discovery tactics
    2. Jury selection tips
    3. Strategies during trial
    4. Jury instructions

Benefits

The panel will review these and other key questions:

  • What is hindsight bias?
  • How does hindsight bias affect decisionmaking by juries in personal injury cases?
  • What are the key courtroom strategies that defense counsel can use to reduce the impact of hindsight bias?

Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.

Faculty

Daniel Cooper, Esq.
Daniel Cooper, Esq.
President
LitStrat

He is president of a jury consulting firm where he has worked on hundreds of cases including intellectual property,...  |  Read More

Christopher G. Campbell
Christopher G. Campbell
Partner
DLA Piper

Mr. Campbell is a partner in the firm’s Product Liability and Mass Tort practice. He has experience in all...  |  Read More

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