What Jurors Think Of American Corporations ' And What You Can Do About It

But in order to formulate an effective defense strategy, it is important to understand why jurors hold these attitudes. Dr. Ross Laguzza, a jury consultant with R&D Strategic Solutions, LLC, explains that jurors are rarely motivated by anger: 'In all the conversations I have had with real and surrogate jurors who are punitive, I would estimate that less than 10% were ever punishing out of anger.' Instead, he says, jurors are motivated by fear: 'Many people are afraid of an unsafe world and look to those who appear to be powerful to protect them from risk. Large corporations are perceived to have the resources necessary to accurately predict the future and stave off unwanted risks.' When jurors see a big company that has failed to protect others, or has used its immense power to harm others, fear drives their decision. As Laguzza explains: 'The important thing here is that it is not an intellectual analysis people do when they judge companies, it is an emotional one which is difficult to counter with cold facts and points of law. Understanding that safety concerns (even in non product cases) drive most jury verdicts is the key to discovering effective defense strategy.' Jurors also hold all big companies to high standards, and punish those that do not meet them. Even a company with a good public image may not be able to avoid punitive damages. 'Companies with strong positive images are often held to unrealistic standards of performance because jurors believe extraordinary performance is consistent with the company's stated values. Jurors often punish companies they think are good because they feel the company needs a reminder,' Laguzza explains.

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