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Category: Defenses

DEALING WITH “THE BLAME GAME” AT TRIAL

DEALING WITH “THE BLAME GAME” AT TRIAL

What is the most common defense we find in our cases? It is to blame someone or something else. It might be an “empty chair” defendant or another party or more often, the plaintiff himself or herself. Dealing with evasion of personal responsibility is one of the things we need to learn to deal with in representing our clients. Let’s look at the reality of the situation. We don’t have to look very far for numerous examples of the reluctance…

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The”this is the first time it has happened”defense

The”this is the first time it has happened”defense

I subscribe to a little meditation pamphlet that has daily readings with Scripture quotes. This reading struck me as having application to the situation where the defendant argues they have had no previous problems. It could be a defective product where they claim no previous injuries or a street intersection or any other situation where the defense says how could it be negligence or all that bad because we haven’t had this happen before. Here’s the story in the pamphlet: "A…

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