25.11.2020 Views

FOCUS GROUPS BOOK

You also want an ePaper? Increase the reach of your titles

YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.

The MOTIVE in most product’s liability cases is the /me-honored mantra of<br />

‘profits over people.’<br />

If it’s not a ‘profits over people’ or ‘the conveyor belt is running so fast that even<br />

a qualified professional will sooner or later violate the safety rules,’ there is one<br />

simple mo/ve that can be explained: ‘The defendants simply didn’t care.’<br />

Understand that the ‘don’t care’ mo/ve creates a Rep/lian danger in Bubba that<br />

clearly implies this will happen again. Remember, not every /me, but, like<br />

Russian roulePe, sooner or later if you have this kind of mindset it will happen<br />

again as a certainty.<br />

Second Bo,om Line: Your Tort professor was either a lying dog or simply<br />

wrong when he told you that if you establish liability, causaGon, and damages<br />

then a plainGff’s verdict will certainly occur.<br />

“Every case must have a motive.” – Don Keenan<br />

You are therefore, just using the focus groups to iden>fy a necessary element of negligence.<br />

Think of mo>ve as important as any other element of the prima facia case you must prove.<br />

If you have taken the KTI Advanced Opening Course, you have learned the small snippet<br />

regarding mo>ve contained in the opening statement:

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!