Public Policy Exclusions

Question 1

What are the 5 public policy exclusions?

Answer 1

(1) liability insurance - inadmissible to show party acted wrongfully
(2) subsequent remedial measures - inadmissible to prove negligence, culpable conduct, defect in design, or need for warning label
(3) civil settlements/offers to settle (+ statements made during) - inadmissible to prove validity or amount of claim, or impeach witness by prior inconsistent statements
(4) plea discussions (offers to plead guilty, withdrawn guilty pleas, pleas of NC, statements of fact made during the above - inadmissible in civil/criminal case against D who made plea
(5) payments and offers to pay medical expenses - inadmissible to pvoe liability

Question 2

When is evidence of a party’s liability insurance admissible?

Answer 2

It is inadmissible to prove whether the party acted negligently, but admissible to prove (e.g.)

(a) ownership/control - if disputed
(b) impeach a witness, e.g. for bias
(c) part of an admission of liability if reference to insurance cannot be severed from admission (“my insurance will pay it off”)

Question 3

When are subsequent remedial measures admissible?

Answer 3

Inadmissible to prove negligence, culpable conduct, design defect, or need for warning label. Admissible to prove: (e.g.)

(a) ownership/control - if disputed
(b) rebut a claim that precaution was not feasible - if disputed
(c) opposing party has destroyed evidence

Question 4

When is evidence of civil settlements/negotiations admissible/inadmissible?

Answer 4

Evidence of a settlement, offer to settle, or conduct/statements made during negotiations of a settlement (including direct admissions of liability) are inadmissible to (1) prove or disprove the validity or amount of a disputed claim or (2) impeach a witness by prior inconsistent statement.

Evidence of a settlement is admissible to impeach a witness on the grounds of bias.

Conduct/statements made during settlement negotiations in case with govt. regulatory/investigative/enforcement authority may be introduced in criminal case.

Note: Must have been an actual claim or indication of a claim for this exclusion to apply. And claim must have liability or amount in dispute).

Question 5

When is evidence of criminal pleas/discussion admissible/inadmissible?

Answer 5

Offers to plead guilty, withdrawn guilty pleas, pleas of NC, and statements of fact made during these plea discussions are inadmissible in any civil or criminal case against the D who said them for any purpose.

An actual guilty plea not withdrawn will generally be admissible in related litigation as a statement of an opposing party.

Question 6

When are payments/offers to pay medical expenses inadmissible/admissible?

Answer 6

Inadmissible to prove liability for the injury. BUT admissions of fact accompanying payments and offers are admissible.

Note: If the offer to pay accompanies a settlement offer then settlement rule applies, so statements of fact/conduct are also excluded.