Risk Analysis: An International Journal
Those who prepare quantitative risk assessments do not always appreciate that those assessments might be used as evidence in civil litigation. This paper suggests that litigation attorneys, judges, and juries be regarded as audiences to whom the information in the risk assessment must be communicated. The way that a risk assessment is prepared can affect significantly whether litigation is brought at all, the resolution of evidentiary motions involving the risk assessment, as well as the ultimate outcome of the litigation. This paper discusses certain procedural and evidentiary aspects of the civil litigation process in the hope that a better understanding of that process might lead to the preparation of risk assessments that are more adequately understood by juries, judges, and litigants.
Vern R. Walker,
Quantitative Risk Assessments As Evidence In Civil Litigation, 8 Risk Analysis 605
Available at: http://scholarlycommons.law.hofstra.edu/faculty_scholarship/511