GenXers
are getting older. They are the generation bumping up against the Boomers who
are slowly but surely on their way out. Which means you are seeing more of them
in the jury box – individuals born between roughly 1961 and 1981, who are now
in their late 30’s to mid 50’s. They are no longer entry-level hires, they’ve
moved up into managerial or supervisor ranks, or commonly, headed off into
entrepreneurial ventures of all types and sizes.
Why does
this matter to you?
GenXers
are still among the more skeptical, if not downright cynical, generation. Thus,
when it comes to liability, GenXer skepticism tends to favor defense because
GenXers aren’t particularly emotionally swayed. They require more data, more
evidence and the science behind it in order to find liability.
Liability
is a major obstacle for plaintiff’s attorney when arguing in front of GenXers,
so if your jury box is loaded with GenXers, be sure to back up your every
argument with as much documented evidence as possible.
The
downside for defense is, once GenXers are convinced of liability--especially
GenXers in their late 30s and 40s--they will award higher damages than any
other generational group. GenXers believe that people should be
held accountable for their own actions. Awarding
substantial damages is a way of holding people accountable.
The
solution is the same as for plaintiff--but in the opposite direction. As
defense, do everything you can to back up your arguments countering liability
with documented, “hard” evidence, so as not to be hit with a big award.
