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Publications

Do Not Remain Silent. Your Company Policies Can and Will Be Used Against You in a Court of Law

Fall 2014 - Shopping Center Legal Update

Publications

Do Not Remain Silent. Your Company Policies Can and Will Be Used Against You in a Court of Law

Fall 2014 - Shopping Center Legal Update

In many ways, jury trials are story-telling competitions. The side that tells a more compelling story usually wins. In the personal injury context, jurors are often looking to identify the basic ingredients of a good story. Who is the “hero”? Who is the “villain”? What “injustice” has been done? What can be done to “right this wrong”? When designing and implementing polices—even those that may be seemingly unrelated to customer safety—it is important that retailers understand how plaintiffs in personal injury lawsuits often try to use corporate policies to turn a routine accident into a compelling story of an individual citizen harmed by a corporate defendant, thereby adding jury appeal and value to their claims. This article provides suggestions for how retailers can bolster their policies to help, rather than hurt, the defense of personal injury claims. Click here to read the article.

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