Trial Methods set out to take the pulse of the public by questioning jury-eligible people across the country about their attitudes pertaining to litigation at the outset of 2017. Respondents were from geographically, politically and demographically diverse regions and asked a series of questions online. The same survey with the same methodology was administered in January of 2018 and January of 2019 to different respondents to see how attitudes have shifted. Given last year’s spate of high profile sexual misconduct allegations, some additional questions were included that were tracked this year and will be tracked in the future. The results of the 2017, 2018 and 2019 surveys follow. Feel free to reach out to me if there are any additional questions you would like me to include in future surveys.

 

LAWSUITS VS. CORPORATIONS

  2017
Percent Agree
2018
Percent Agree
2019
Percent Agree
Percent Change
Plaintiffs often exaggerate their claims in order to increase damage awards 74% 66% 63% -3%
Making corporations pay big jury awards is the best way to make them follow the law 69% 66% 81% +15%
If a case makes it to trial it is likely there is some truth to the plaintiff’s claims 59% 58% 61% +3%
It would be difficult for me to deliver a jury verdict that meant an injured party would receive no money 53%  55%  56%  +1%

 


 

If you heard about allegations of corporate misconduct which would you be most likely to believe? 2017
Percent Agree
2018
Percent Agree
2019
Percent Agree
Percent Change
The corporation did something wrong 59% 74% 74% 0%
Someone is trying to get some easy money 41% 26% 26% 0%

 


 

Generally do you think individuals who file lawsuits are: 2017
Percent
Agree
2018
Percent
Agree
2019
Percent
Agree
Percent
Change
Trying to place responsibility where it belongs 64% 80% 80% 0%
Refusing to take responsibility for their actions 36% 20% 20% 0%

 


 

Do you agree or disagree with the idea of awarding punitive damages? 2017
Percent
Agree
2018
Percent
Agree
2019
Percent
Agree
Percent
Change
Strongly agree 29% 21% 31% +10%
Tend to agree 57% 69% 52% -17%
Tend to disagree 14% 9% 17% +8%
Strongly disagree 0% 1% 0% -1%

 


 

CORPORATION VS. CORPORATION

  2017
Percent
Agree
2018
Percent
Agree
2019
Percent
Agree
Percent
Change
Companies frequently sue other companies for bad business deals 73% 65% 64% -1%
A company will break a contract if it thinks it can get away with it 72% 79% 77% -2%

 


 

CORPORATE ETHICS

  2017
Percent Agree
2018
Percent Agree
2019
Percent Agree
Percent Change
Corporations are more unethical today than they were 5 years ago 58% 61% 52% -9%
Juries should punish corporations for unethical conduct even if that conduct was legal 45% 53% 52% -1%

 


 

EMPLOYMENT LITIGATION

  2017
Percent
Agree
2018
Percent
Agree
2019
Percent
Agree
Percent
Change
We need to strengthen laws against employer discrimination in this country 66% 84% 84% 0%

 


WORKPLACE MISCONDUCT

  2018
Percent Agree
2019
Percent Agree
Percent Change
Many of those who complain of workplace harassment should share part of the blame 25% 33% +8%
Companies often ignore claims of a sexually charged environment in the workplace 74% 77% +3%
Sexual Harassment policies are just a matter of common sense 74% 59% -15%
It is difficult to evaluate sexual harassment claims that took place years ago since people forget things over time 73% 65% -8%
If a superior engages in sexual activity with a subordinate the superior should automatically lose his/her job 53% 54% +1%
There are some circumstances where it is okay for a superior and his/her subordinate to engage in sexual activity 29% 30% +1%
One of the problems with accusations of a hostile work environment in the workplace is that some women can’t take a joke 26% 34% +8%
Women often falsely report sexual harassment just to get attention 25% 30% +5%
Human Resources in most companies will tend to be strongly biased in favor of the company 79% 72% -7%
Most women who are sexually harassed by a man provoke the behavior by the way they talk, act or dress 20% 20% 0%

 


 

How common is race discrimination on the job in the U.S.? 2017
Percent
Agree
2018
Percent
Agree
2019
Percent
Agree
Percent
Change
Very common 17% 28% 24% -4%
Common 48% 42% 49% +7%
Uncommon 32% 26% 24% -2%
Very uncommon 3% 4% 3% -1%

 


 

How common is gender discrimination on the job in the U.S.? 2017
Percent
Agree
2018
Percent
Agree
2019
Percent
Agree
Percent
Change
Very common 21% 36% 26% -10%
Common 44% 45% 50% +5%
Uncommon 29% 16% 22% +6%
Very uncommon 6% 3% 2% -1%

 


 

INSURANCE

  2017
Percent
Agree
2018
Percent
Agree
2019
Percent
Agree
Percent
Change
Insurance companies will do anything they can to avoid paying
claims to their policy holders
72% 71% 74% +3%

 


POLICE

  2017
Percent
Agree
2018
Percent
Agree
2019
Percent
Agree
Percent
Change
Police officers think they are above the law 48% 51% 58% +7%
It is common for a police officer to use excessive force 43% 42% 55% +13%
I worry about my loved ones being injured by a police officer 28% 32% 43% +11%

 


 

VISUALS

  2017
Percent
Agree
2018
Percent
Agree
2019
Percent
Agree
Percent
Change
If I served as a juror I would hope for visuals to accompany the arguments 82% 85% 83% -2%
If I served as a juror I would expect visuals to accompany the arguments 75% 76% 80% +4%

 


 

When learning about a new concept how important are visuals? 2017
Percent
Agree
2018
Percent
Agree
2019
Percent
Agree
Percent
Change
Very important 64% 70% 59% -11%
Somewhat important 35% 29% 40% +11%
Not at all important 1% 1% 1% 0%