Snakes in the Jury Box: The 'Reptile Method' and How To Defeat It

A plaintiffs' attorney recently posed this exact question to a panel of potential jurors in a case where the plaintiff brought claims against tire and seat belt manufacturers after he sustained injuries during a car accident. On its face this question seems innocuous — what person wouldn't agree that manufacturers have a duty to make their products as safe as reasonably possible? However, this type of question, paradigmatic of the “reptile method,” is frequently used by plaintiffs' attorneys to prey on jurors' fears and biases. This approach essentially paints a “black/white; good/bad” world, which can present a distorted picture of the facts and often attempts to displace the law in favor of idealistic standards that are more difficult to meet. It is for this reason that this approach can be both effective and dangerous.