Double discounting: The effects of comparative negligence on mock juror decision making

Douglas J. Zickafoose; Brian H. Bornstein

doi:10.1023/A:1022300313628

Double discounting: The effects of comparative negligence on mock juror decision making

Douglas J. Zickafoose, Brian H. Bornstein

Research output: Contribution to journal › Article › peer-review

23 Scopus citations

Abstract

Two experiments were conducted to ascertain the effects of comparative negligence on damage awards. Participants awarded damages for a mock medical malpractice case in which the level of the plaintiff's negligence was varied. Both experiments showed that damage awards were doubly discounted for partially negligent plaintiffs. Experiment 1 also found that the responses of college students did not differ from those of people who had been called for jury duty. Experiment 2 examined four components of the damage award and showed that the reduction due to the level of the plaintiff's negligence occurred only in damages for bodily harm. Implications for the judicial system are discussed.

Original language	English (US)
Pages (from-to)	577-596
Number of pages	20
Journal	Law and human behavior
Volume	23
Issue number	5
DOIs	https://doi.org/10.1023/A:1022300313628
State	Published - 1999
Externally published	Yes

ASJC Scopus subject areas

Arts and Humanities (miscellaneous)
General Psychology
Psychiatry and Mental health
Law

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AB - Two experiments were conducted to ascertain the effects of comparative negligence on damage awards. Participants awarded damages for a mock medical malpractice case in which the level of the plaintiff's negligence was varied. Both experiments showed that damage awards were doubly discounted for partially negligent plaintiffs. Experiment 1 also found that the responses of college students did not differ from those of people who had been called for jury duty. Experiment 2 examined four components of the damage award and showed that the reduction due to the level of the plaintiff's negligence occurred only in damages for bodily harm. Implications for the judicial system are discussed.

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Double discounting: The effects of comparative negligence on mock juror decision making

Abstract

ASJC Scopus subject areas

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