Conduct Before Causation: Order matters to jurors. In opening statements, with defense witnesses, and in closing arguments, company conduct—specifically the company’s commitment to safety—should be addressed before other defenses (alternative causation, the plaintiffs’ knowledge and control, etc.) are discussed. Simply put, jurors need to be reassured that the company cares about safety before they are open to other defenses.
What do you think is the best way to talk to jurors about a company’s commitment to safety without sounding phony?