Pain and Suffering Awards for Consumer Product Accidents: Effects of Plaintiff-Defendant Liability and Injury Severity
Proceedings of the Human Factors and Ergonomics Society Annual Meeting, 2000
A study was carried out to explore the effects of two variables on the amount of pain and sufferi... more A study was carried out to explore the effects of two variables on the amount of pain and suffering awards in a product liability litigation context. The first variable was the level of liability/responsibility allocated to the plaintiff and defendant for the accident and injury. The two levels were 100% and 60% assigned to the defendant, with the corresponding levels for the plaintiff at 0% and 40%. The second variable was the severity of the injury which was characterized as high or low. The two variables were manipulated between participants, resulting in a 2 × 2 design. Four separate accident/injury scenarios were employed, and each participant was presented with all four scenarios in one of the conditions. The scenarios described an automobile accident resulting in paralysis, a workplace accident resulting in chemical burns, a workplace accident resulting in brain damage, and an automobile accident resulting in the death of a small child. Following the presentation of each scen...
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