See It Coming, Before It Bites You.

Don’t worry, it’s not a new horror movie—it’s just attorneys in the courtroom practicing the Reptile theory in litigation. This legal strategy, made popular in 2009 by David Ball, a former theatrical director and jury consultant, and Don Keenan, a prominent plaintiff’s attorney, aims to influence jurors by tapping into their primal instincts. Their book, Reptile:  The 2009 Manual of the Plaintiff’s Revolution, introduced this method as a powerful tool for swaying jury decisions.

What Is the Reptile Theory in Litigation?

Neuroscientists define the “reptilian brain” as the part responsible for basic survival instincts, such as the fight-or-flight response. The Reptile theory in litigation exploits this mechanism by triggering fear in jurors, making them believe that a defendant’s actions could endanger them or their community. By appealing to safety concerns rather than logic, plaintiff attorneys attempt to persuade jurors to act based on self-preservation.

In essence, this strategy seeks to make the case about more than just the plaintiff—it’s about protecting the entire community. If the jurors believe that a business or professional’s negligence creates a risk to the public, they may be more inclined to rule in favor of the plaintiff, often leading to higher verdicts.

How Plaintiff Attorneys Use the Reptile Theory in Litigation

This approach is especially effective in cases where safety rules, guidelines, or community standards are at the center of the argument. Plaintiff attorneys often use the Reptile theory in litigation in:

• Product liability lawsuits
• Medical malpractice claims
• Transportation accidents
• Environmental lawsuits
• Workplace safety disputes

By framing the defendant’s actions as a threat to public safety, attorneys appeal to jurors’ emotions rather than relying solely on facts or evidence. They may ask broad questions like:

• “Would you agree that public safety should always come first?”
• “Is it important for companies to follow safety regulations?”

Once they get the defendant to agree with these general principles, they attempt to show how their client’s situation represents a violation of these fundamental safety rules.

How to Defend Against the Reptile Theory in Litigation

If your business is facing civil litigation, it’s crucial to recognize Reptile theory in litigation tactics before they take hold. Here are a few key defense strategies:

• Recognize the approach early: Defense attorneys must identify when opposing counsel is using the Reptile theory and shut it down before it influences jurors.
• Object to broad or hypothetical questions: These tactics attempt to force the defendant into general agreements that can later be twisted against them.
• Focus on facts and logic: The best defense is presenting a clear, fact-based argument that shifts the focus away from emotional manipulation.
• Prepare witnesses properly: Defense witnesses, especially corporate representatives, should be trained to avoid answering questions in ways that fuel the Reptile strategy.

Get Experienced Legal Representation

If your business has been named in a civil litigation lawsuit, don’t waste time reading The North American Field Guide to Reptiles—contact us today to speak with an experienced civil litigation attorney. The best defense against Reptile theory in litigation is to see it coming before it bites you!