401-403 however, in order to be successful, the defendant must set forth specific evidence which they believe Plaintiff will introduce or arguments which they believe Plaintiff might make. at 862.Ĭourts agree that the “reptile theory” approach, much like Louisiana’s law regarding “Golden Rule” arguments, is not proper and should be limited or excluded under La. As a result, it is incumbent upon the jury to send a message to the defendant on behalf of the community as a whole by awarding excessive damages to this particular plaintiff. The book teaches that the plaintiff’s attorney should prey on the jury’s instinctive survival skills by arguing that the defendant’s conduct not only injured this plaintiff in this case, but that the defendant’s conduct also poses a threat to the safety and welfare of the general public as well. This book encourages lawyers representing injured plaintiffs to appeal to the “reptilian” portion of jurors’ brains, i.e., that which “impel the juror to protect himself and the community.” Id. The “reptile theory” is a trial tactic that “call upon the jury to find in plaintiff’s favor in order to protect the jurors themselves or their community, as opposed to properly considering whether plaintiff is entitled to damages under applicable legal standards.” Baxter v. It is not available in your neighborhood bookstore although you may be able to pick up a copy on eBay for about $750. The authors have promoted this book as being the plaintiff attorney’s manual for personal injury cases. The Reptile Theory comes from the book Reptile: The 2009 Manual of The Plaintiff’s Revolution by David Ball and Don Keenan. If this has happened to you, hopefully it was during a deposition and not at trial although neither can be a fun experience when you see it coming. By now most defense attorneys are familiar with the “Reptile Theory” and have seen their clients fall victim to it time and again.
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