The High Price of Safetyism

How Safetyist Jurors Are Pushing Nuclear Verdicts

The rise of “safetyism” is costing defendants millions. When jurors expect 100% safety and 0% risk, they hand out massive verdicts based on feelings, not facts.

The Surge of Safetyism

Safetyism—the expectation of absolute protection from all risk—has skyrocketed in our society over the past several decades:

• Risk was a calculation. “How do the benefits compare to the harm?”

• Risk became a feeling. “How much discomfort am I willing to tolerate?”

• Risk is perceived as a threat. “How can I avoid all danger at all times?”

Safetyism and Nuclear Verdicts

As safetyism explodes, so have nuclear verdicts—high jury awards often exceeding $10 million, or even $100 million. Key drivers of nuclear verdicts include:

• The “zero risk” standard: Safetyists view any injury as proof of a corporation’s negligence.

• The “profits over people” narrative: Plaintiffs’ attorneys argue that companies prioritize revenue over safety.

• The “feelings over facts” sentiment: Safetyists favor emotions, like anger and sympathy, over scientific evidence.

What Does Safetyism Look Like?

Generational Differences

• Gen Z: More risk-averse

• Millennials: More pragmatic

• Key insight: Age and life experience moderate safetyist beliefs over time, but safetyism can still appear at any age.

Cultural Differences

• Urban: More safetyist thinking

• Rural: More conspiracy thinking

• Key insight: Emotions drive decision-making across all cultures and cases.

Strategies to Combat Safetyism

Jury Selection

• Enhanced voir dire: Request additional time and use individual questioning to identify safetyist biases early.

• Tier of accountability: Remind jurors of their legal obligation to make a fair, lawful decision, regardless of their feelings.

Trial Themes

Best Practices

• Do not rely on voir dire alone.

• Weave themes throughout the entire case.

• Help witnesses incorporate themes in their own words.

• Align each witness’s testimony with the broader strategy.

Powerful Defense Themes

• “This is a court of law, not a court of feelings.”

• “The law itself is a fact.”

• “Correlation is not causation.”

Other Strategies

• The “good company” story: Shift from a reactive defense to a proactive narrative that showcases your client's long-term commitment to safety.

• The six elements of moral reasoning: Address the emotional markers (compassion, anger, team cohesion, fear, avoidance of contaminants, and liberty) that plaintiffs use to sway jurors.

• Strategic legal motions: File motions for single-plaintiff cases or individual voir dire to stop the safetyist momentum before a trial gains speed.

• Witness preparation “schools”: Teach experts and witnesses the history and reasoning behind development decisions, so it’s harder for plaintiffs to poke holes in the defense.

• A unified defense team: Establish a shared network to exchange successful themes, witness strategies, and voir dire tactics across all 50 states.

Don’t Pay the High Price

In a time when safetyist jurors are awarding $100 million (or more) in damages, a standard defense is the most expensive mistake you can make. Invest in a proactive defense to protect your bottom line and your reputation.

Take control of your case strategy.

Work with jury consulting experts from IMS Legal Strategies who understand how safetyism shapes verdicts—and the best strategies to employ for your defense.

Contact IMS