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Snakes in the Jury Box: The 'Reptile Method' and How To Defeat It
“Does everybody agree that manufacturers should do everything reasonably possible to make sure that their product is safe for the consumer? If so, raise your paddle please.”
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.
Herein, we provide an overview of the “reptile method,” why it can be successful if not rebutted, and some ideas on how a defendant can present a more fulsome story about its good conduct, actual legal obligations and the facts to the jury.
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