Friday, November 1, 2013

Stipulation of Liability

It is becoming more and more common for defense attorneys to offer to stipulate to liability.  This is partially because juries are still largely conservative and still indoctrinated with the idea of "tort reform."  A stipulation of liability is dangerous though.  It makes any aggravating factor of the accident (i.e. drinking, cell phone use, etc.) irrelevant and also inadmissible.  Lots of times it is better to decline the stipulation if there is any aggravating factor which may inflame the jury. 

No comments:

Post a Comment