Inadmissible evidence based on public policy

Question 1

What are the 4 inadmissible evidence based on public policy?

Answer 1

1) Liability insurance
2) Subsequent remedial measures
3) Settlement negotiations or pleas
4) Offer to pay medical expenses

Question 2

Liability insurance is inadmissible to prove ______ but it is admissible to _____

Answer 2

negligence or ability to pay; but it is admissible to prove anything else…

For example, in a situation where plaintiff claims employer is vicariously liable for employee speeding, If employer claims driving was not within the scope of employment, then plaintiff can offer evidence that employer paid for employee’s auto insurance to show that it was.

Question 3

Subsequent remedial measures are inadmissible to prove ____ but it is admissible to prove ____

Answer 3

negligence, or in a product liability case, that the product was defective; but it is admissible to rebut the defense of no feasible precaution.

Question 4

What is the rule for an offer to pay medical expenses?

Answer 4

Only the statement offering to pay for the medical expenses is inadmissible… any statement other than that is admissible.

“i.e I am going to pay for your medical bill, because I shouldn’t have left that banana on the floor.”