Privileges and Other Policy Exclusions

Question 1

When are remedial measures prohibited from admission?

Answer 1

Evidence of a remedial measure is inadmissible if it was undertaken by the defendant AFTER the plaintiff was injured. HOWEVER, A remedial measure undertaken BEFORE the plaintiff was injured is not subject to exclusion.

Question 2

Is liability insurance admissible?

Answer 2

Under FRE 411, evidence that a party was (or was not) covered by liability insurance is not admissible as substantive proof of negligence or wrongdoing