 First, legal probabilists can deny that in scenarios such as Gatecrasher the probability of liability is high enough to meet the required threshold. Kaye (1979a) argues that whenever there is no other evidence besides naked statistical evidence, this is not enough for the plaintiff to win because the evidence is suspiciously thin. This circumstance should lead the fact-finders to lower the probability of liability below the requisite threshold. Along similar lines, Nance (2016) argues that when the evidence presented at trial is incomplete—that is, evidence that one would reasonably expect to see at trial is missing—the defendant should not be found liable. This strategy  might work in scenarios such as Blue Bus in which the paucity of the evidence could well be the plaintiff’s fault. But the difficulty is, it is unclear whether this strategy works for scenarios such as Gatecrasher or Prisoner in which the paucity of the evidence is a characteristic of the scenarios themselves, not anyone’s fault.