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

Douglas J. Zickafoose, Brian H. Bornstein

Research output: Contribution to journalArticle

20 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 languageEnglish (US)
Pages (from-to)577-596
Number of pages20
JournalLaw and human behavior
Volume23
Issue number5
DOIs
StatePublished - 1999

ASJC Scopus subject areas

  • Arts and Humanities (miscellaneous)
  • Psychology(all)
  • Psychiatry and Mental health
  • Law

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