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  • Writer's pictureJessica Brylo

Anger Cannot Overcome Causation

Do you think your angering facts will overcome causation issues? Think again.

Let me be clear. I am not talking about disputed causation, as is present in most cases. I am talking about a pure lack of causation.

Sometimes, I get cases where the causal link is very attenuated and weak, yet the case has other anger-inducing facts. The attorneys seem to gloss over the causation issues, assuming that the negligence itself, combined with the defendant’s conduct or behavior, will prevail and result in a verdict.

While this can happen in some instances where jurors are so blinded by their anger that they create the outcome they want, it’s a mistake to assume you have a strong case simply because you have good facts. Anger-inducing facts certainly help bolster a case and can overcome other bad facts (and disputed causation), but they may or may not overcome a lack of causation.

Jurors are generally pretty good at dissecting the elements of a case. If causation is too weak, they will often find negligence but still return a defense verdict based on causation.

The best way to determine whether your causation argument is too weak is to test the case. If you need a copy of my free guide on conducting your own focus groups when you can’t afford a professional, let me know.

We can also help with case analysis. A couple of hours spent with a jury consultant can be beneficial in pointing you in the right direction.

Contact me if you would like to discuss assistance with a case.

**If you would like to attend TLU Huntington Beach June 5-9, you may use my discount code for $200 off: 200TRIALDYNAMICS

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