Reptile theory was first articulated by David Ball and Don C. Keenan in Reptile: The 2009 Manual of the Plaintiff’s Revolution. It posits that humans have a primitive portion of the brain, similar to reptiles, that is conditioned to pursue safety and survival. On this basis, plaintiffs’ counsel often use reptile theory when presenting personal injury and product liability claims to a jury. They attempt to influence the jury’s decisions by speaking to that “reptilian” portion of the jurors’ brains, painting the defendant as hazardous, dangerous, or a menace to society. Other reptilian tactics are more subtle, though they seek the hallmark emotional “fight or flight” response from jurors, inviting them to decide cases against defendants based on their desire to protect themselves, their loved ones, or the larger community from danger, instead of the evidence presented and the law governing the claims.
