Public Policy Exceptions Flashcards
What is the exception if someone has offered to pay a plaintiff’s medical expenses? What if other statements are made?
Payments or offers to pay medical expenses is inadmissible to prove liability.
Other statements that accompany an offer to pay medical expenses are admissible (except admissions of fact (CA rules)).
E.g., D says “I messed up, that was my fault, let me pay your bills” = in CA entire statement is inadmissible, under Fed rules the admission of liability is admissible.
Bonus points: The policy behind this is to encourage payment of victim’s medical expenses.
What are the rules if someone expresses sympathy (re: death/suffering)?
In CA, expressions of sympathy are not admissible to prove liability. No such federal rule.
Other statements of fault that accompany them are fair game.
E.g., I didn’t mean to kill her, I am so sorry for your loss = admissible confession.
What is the rule for liability insurance?
Inadmissible to prove negligence/culpability or ability to pay judgment.
What is the rule for subsequent remedial measures or repairs?
Safety measures or repairs after an accident are inadmissible to prove culpability/negligence or that a product was defective.
What is the rule for product redesign? What is the CA distinction?
redesign or adding a warning if inadmissible to prove defective or required warning.
Admissible in CA strict product liability.
What is the rule for statements made in an attempt to settle?
Settle (1) must be after the claim is asserted or implied and (2) dispute must exist as to liability or damages. However, can be offered to show bias or prejudice (but not as charater evidence)
