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We are very used to the concept of accident prevention in the physical world. But what about cognitive accidents when poor information trips us up?
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We are very used to the concept of accident prevention in the physical world. But what about cognitive accidents when poor information trips us up?
Visiting the British Library in London, I noticed a sign on the steps which read ‘CAUTION: STEPS’.
Most steps are obvious to us, and we do not blame others if we trip over. So why is there a sign to warn us about these ones? It is because the design of the library forecourt is visually confusing: a grid of white stone lines, only some of which are steps.
Too many accidents were presumably reported and the library is carrying out its duty of care.
Why can’t we do something similar to prevent cognitive accidents? If too many customers buy the wrong train ticket, allow their insurance to lapse by mistake, or misunderstand the terms of an offer, then there should be a similar duty of care. Risks should be assessed and incidents logged, and processes and documents engineered to reduce risk.
Cartoon by Tom Chitty, New Yorker, 7 December 2020, reproduced by permission.
Mahler T, (2010) Legal risk management – developing and evaluating elements of a method for proactive legal analyses, with a particular focus on contracts. Doctoral Thesis. Faculty of Law, University of Oslo, Oslo.
Radin MJ, (2013) Boilerplate: The Fine Print, Vanishing Rights, and the Rule of Law, Princeton University Press.