Quote:
Originally Posted by KSigkid
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
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.
Threaded Mode
