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Old 02-23-2009, 07:17 PM
KSig RC KSig RC is offline
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Join Date: Jan 2001
Location: Who you calling "boy"? The name's Hand Banana . . .
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Quote:
Originally Posted by KSigkid View Post
For cases that go to jury trial, I could see where those other issues would come up in the jury discussions, especially if you're in an area where juries are reluctant to give high awards. I don't think, as a legal matter, that the risk-seeking behavior should be relevant in a liability determination, only on a damages issue (kind of similar to how risk factors are litigated in workers comp claims).
They do come up in the liability phase if there are any "at-risk" behaviors that may have also contributed to the cause of death (lung cancer, COPD, etc.). As you might guess, this means it happens like always.


Quote:
Originally Posted by KSigkid View Post
I'm not sure that it does, although, not having seen any studies on it, I can only speak from my personal experience.
Oh, if I had to guess, I'd say there are certain populations that are predisposed to certain feelings on the topic. Kind of like everything else, I guess.
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