As of May 2019, plaintiffs’ attorneys have attributed over $8 billion in verdicts and settlements to the Reptile Theory, which appeals to deep-seated survival instincts. Further, drivers who fail to properly keep logs or complete inspections should be subjected to discipline by the company up to and including termination, in accordance with the Company’s handbook. Insurance Defense Litigation: Defending Against the Reptile Theory Utilized by Plaintiffs Preparing Deponents and Witnesses, Conducting Voir Dire, Opening and Closing Arguments, and Direct and Cross-Exam. Minor omissions or incomplete files can play into reptile theory.
The reptile strategy deliberately ignores these other parts of our brain – the parts that control our logic and reasoning – the parts that make us distinctly human. [1] It stays dormant most of the time, thanks to evolution and the relative safety afforded by human civilization. brainstem and cerebellum).
However, it is ready to “awaken” to respond to perceived threats. These parts of the brain prioritize safety and survival. The “scientific” core of Reptile Theory is that it there is a latent, “reptile” portion of the human brain. The Reptile Theory is a collection of techniques and tactics which, if executed properly throughout the course of litigation and trial, will create a psychological response of fear in the jury and a corresponding desire to protect self, family, and community.
• The Reptile Theory is an improper dodge around the Golden Rule, which asks jurors to place themselves in plaintiff's shoes. One of the strategies for countering the Reptile Approach is to invoke the “non-reptilian” areas of jurors’ brains.
Emphasize the Details of a Case. It is fearful and bent on survival. Next, companies should require drivers to regularly update their safe-driving training. Read on to discover the definition of the term Reptile Theory or Strategy - to help you better understand the language used in insurance policies.
Most commonly, plaintiffs oppose Motions in Limine by contending that while the Golden Rule is impermissible, the Reptile Theory should be permissible. Recording of a 90-minute CLE webinar with Q&A (484) 800-1000 Menu Relation to the Reptile Theory Humans and reptiles have a common anatomy structure in the brain (e.g.