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That function is explored--and attacked--in Robert Weissberg's new book, Polling, Policy, and Public Opinion: The Case Against Heeding the "Voice of the People.
This article navigates defense counsel through all aspects of the heeding presumption to arm them to oppose the heeding presumption.
2) This heeding presumption is now the majority rule, with the effect that plaintiffs are relieved of the burden of proof on the element of causation in a warning claim.
A New Jersey court suggested two methods for rebutting the heeding presumption.
If the defense meets the burden, then some courts say the heeding presumption disappears, while others hold that the burden shifts back to the plaintiff.
Defense counsel must be prepared for the procedural and evidentiary scenario they will face when the heeding presumption arises.
The heeding presumption's evidentiary and procedural effect is simple in a death case: it acts as a substitute for evidence that the decedent would have read and heeded the warning.
11) Many courts hold that if the heeding presumption is negated by rebuttal evidence, the presumption "disappears," and plaintiffs are held to their original burden of persuasion on proximate cause.
Despite these varied approaches, courts are less likely to allow the heeding presumption to be complete substitute evidence where the plaintiff is available to provide evidence.
It is also my hope that Mayor Binay would have taken the more prudent step of heeding and respecting the summons by then," he said.
But as Los Angeles County's 38 courts have slowly switched to the new system, the number of people heeding their summons has jumped.