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The Pleasure Of The Runaway Verdict

December 05, 2006

By Greedy Trial Lawyer

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Category: Right On!

I have come upon a new and exciting campaign theme to counter the tort reform movement. It came to me when I read about a new approach being proposed for safe sex campaigns. (Even a Greedy Trial Lawyer tries to stay abreast of important developments in public health.)

Safer Sex Campaigns Need To Promote Condoms As Offering Pleasure As Well As Protection

Promotion of pleasure in use of male and female condoms - alongside safer sex messages - can facilitate consistent use of condoms, state the authors of a Viewpoint in this week's issue of The Lancet.

Public health campaigns to promote condom use usually focus on the adverse consequences of sexual acts. This may, in part, explain their limited effect so far, says Anne Philpott (The Pleasure Project, London, UK) and colleagues in their Viewpoint. They discuss the potential for increasing condom uptake and safer sexual behaviours by promoting the pleasurable aspects of condom use in public-health campaigns.

Condom-promotion campaigns that have been bold enough to include pleasure as a motivating factor - those that link the use of condoms to enhanced sensitivity and sensuality - have noted a rise in uptake of condoms and safer sex.

The promotion of pleasure by citizen-jurors who have the ability to give a victim a really big award may counter the often-featured adverse consequences of runaway juries. After all, it is the runaway jury that produces the spectacularly high verdict and the high fives by the plaintiffs and their counsel. If jurors could see this as a really pleasurable moment and a happy result, there would be no more talk of caps on damages. We need to permit the ringing of a bell, the dropping of balloons, the playing of "We Are The Champions" and the popping of corks when huge verdicts are read. The judge could even toot a festive horn.

OK, maybe, it is not such a good idea, but it is no more absurd than a cap on damages.

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