Public Policy Exceptions

Question 1

Subsequent Remedial Measures.
When is it inadmissible? When is it admissible?
what is the policy reason for it ?

Answer 1

when measures are taken that would have made an earlier injury or harm less likely to occur (e.g., repairing an area where a customer slipped), the evidence of the subsequent measure is not admissible to prove:
(1) negligence
(2) culpable conduct
(3) a defective product or design
(4) the need for a warning or instruction.
HOWEVER, evidence of subsequent remedial measures may be admissible for other purposes such as impeachment or if disputed, ownership or control or the feasibility of precautionary measures (FRE 407)

Question 2

Compromise offers and negotiations

Answer 2

compromise offers made by any party, as well as any conduct or statements made during compromise negotiations, are not admissible to prove or disprove the VALIDITY OR AMOUNT OF A DISPUTED CLAIM, nor may they be admitted for impeachment by prior inconsistent statement or contradiction (FRE 408)

Question 3

Offers to pay medical expenses

Answer 3

Evidence of the payment, offer to pay, or promise to pay medical or similar expenses RESULTING FROM AN INJIURY is not admissible to prove liability for injury (FRE 409)

Question 4

Plea Negotiations

Answer 4

evidence of the following is generally not admissible against the defendant who made the plea or participated in the plea discussions

(1) withdrawn guilty pleas
(2) pleas of no contest
(3) statements made while negotiation a plea with a prosecutor; and
(4) statements made during a pleas proceedings

Question 5

Liability Insurance

Answer 5

evidence that a person was or was not insured against liability is not admissible to prove whether the person acted negligently or otherwise wrongfully. HOWEVER, such evidence may be admissible for another purpose, such as to prove agency, ownership, or control, or to prove a witness’s bias or prejudice (FRE 411)