Protect Your Case from Public Perception

Dismantling Safetyism in the Media

Long before a jury is seated, the "Plaintiff Media Machine" is already at work, exploiting “safetyist” beliefs to poison your jury pool. Learn how modern media affects your defense case and why you can no longer afford to stay silent.

The Rise of Safetyism

Safetyism is the societal expectation to be 100% safe, 100% of the time. It has escalated over the past several decades due to:

• The 24/7 feedback loop: From the earliest iterations of the 24/7 news cycle, society has seen constant exposure to the prevalence of risk.

• Fear-based media coverage: Modern media has shifted the public's understanding of risk from a rational calculation to an emotional reaction.

• Social media echo chambers: Platforms like TikTok, Instagram, and Facebook prioritize viral stories over scientific data.

The Plaintiff Media Machine

Plaintiff attorneys are weaponizing the media to exploit safetyist beliefs. Key cogs in the Plaintiff Media Machine include:

• Well-funded ad campaign: Plaintiff attorneys use third-party funding to launch aggressive advertising campaigns via billboards, local news, and social media.

• Poisoning the jury pool: These prevalent campaigns prime jurors with plaintiff-friendly framing and large-verdict reference points.

• Social inflation: The constant bombardment of anti-corporate messaging inflates safetyist jurors’ expectations of damages, contributing to nuclear verdicts.

How To Beat the Media Machine

Consider Public Opinion

• Prepare: Build a “good company” reputation before litigation hits by actively sharing stories about community involvement and safety culture.

• Respond: Draft legal filings with the public opinion in mind, ensuring they frame allegations as unproven and provide the defense’s side of the story to the media.

• Recover: Advocate for the brand after the immediate legal threat by engaging with journalists, creating media lists, and correcting any misinformation.

In the Courtroom

• Inform the judge: Tell the judge about the extent of case-related media and the social science behind how it can influence jurors’ perceptions of a case.

• Conduct targeted voir dire: Ask jurors specifically about their exposure to plaintiff ads and whether they have discussed them with friends or family.

• Promote defense collaboration: Mirror the collaboration model of the plaintiff bar, sharing successful media themes across firms on centralized websites.

• File procedural motions: File motions for change of venue, postponement, gag orders, or sequestering jurors as needed.

Control the Court of Public Opinion

The Plaintiff Media Machine is already targeting your next jury pool. In an era of safetyism, staying silent is no longer an option.

Master the narrative before the media does.

Partner with IMS Legal Strategies to develop a proactive defense strategy that protects your case before trial even begins.

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