If you work for a large organization and want to brainstorm with your colleagues about safety risks and how best to prevent them, you may be uncomfortably aware that whatever you write down may be seized on someday by a hostile lawyer and waved about as a supposed "smoking gun" demonstrating awareness of risks. Might this chill safety discussions within organizations? Yes, it very well might. CoyoteBlog has some reflections, based on his experience as a mechanical engineer, on the question. (I wrote about this issue in my chapter on discovery in The Litigation Explosion; the excerpt isn't online, though.)