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Counterfactual thinking in mock juror assessments of negligence: A preliminary investigation
Author(s) -
Wiener Richard L.,
Gaborit Mauricio,
Pritchard Christine C.,
McDonough Erin M.,
Staebler Caryn R.,
Wiley Deane C.,
Goldkamp Kristen S.
Publication year - 1994
Publication title -
behavioral sciences and the law
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.649
H-Index - 74
eISSN - 1099-0798
pISSN - 0735-3936
DOI - 10.1002/bsl.2370120108
Subject(s) - counterfactual thinking , plaintiff , damages , psychology , accident (philosophy) , social psychology , tort , poison control , liability , law , medicine , medical emergency , political science , philosophy , epistemology
Abstract This Research Report presents an initial attempt to apply the theory of counterfactual thinking to study the cognitive processes that underlie judgments of negligence. Subjects reviewed a summary of an appellate case involving a work accident and listed all the ways in which the accident could have been undone (mutated). Participants' evaluations of the defendant's behavior were influenced by the ease of mutation of the negligent act and other mutations of the defendant's behavior, but not by the number of mutations of the plaintiffs conduct. Exploratory path analysis suggested that counterfactual thinking may have its greatest impact not as a direct influence on verdicts and damages, but rather as an indirect influence impacting verdicts through lower level judgments about the normality of the defendant's behavior and the standard of care. The results also suggest that contrary to the law, subjects base their negligence verdicts on assessments of normal care along with due care.