The Influence of Liability Information, Severity of Injury, and Attitudes toward Vengeance on Damage Awards

Abstract

This jury simulation study explored the effects of liability-related descriptive information, severity of injury, and attitudes toward vengeance on damage awards. 311 individual mock jurors read a trial summary describing a plaintiff injured in a motor vehicle accident. Half of the participants read liability-related descriptive information, theoretically unrelated to judgments concerning damages, and the other half did not. Half read about a mildly injured plaintiff, and the other half read about a severely injured plaintiff. In Phase 1 participants decided compensatory awards and in Phase 2 participants read punitive damages evidence and decided, if appropriate, punitive damages. The presence of liability-related description influenced neither compensatory nor punitive damages. Severity of the plaintiff's injuries affected compensatory awards and punitive awards. Although revenge has historically played an integral role in punitive damages, participants' attitudes toward vengeance were not associated with punitive damage awards.