Factors Affecting the Use of Naked Statistical Evidence of Liability

Abstract

Research has shown that people are reluctant to make pro-plaintiff liability decisions when the plaintiff's evidence is based on naked statistical evidence alone. The current research demonstrated in a Canadian sample that neither group discussion about the case nor extended decision time affected this tendency. However, when the objective probability that the defendant caused the relevant injury was increased to 99.9%, participants did tend to make affirmative liability decisions.

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