Public Policy Exclusions

Question 1

Evidence of repairs or other precautionary measures- subsequent remedial repairs

Answer 1

Evidence of repairs or other precautionary measures made after an injury is inadmissible to prove negligence or culpable conduct for public policy reasons. The rationale for excluding subsequent repairs is to encourage persons to make such repairs. Evidence of subsequent remedial measures is admissible to prove ownership, feasibility of the repair, or destruction.

Question 2

Offers to pay medical expenses

Answer 2

Evidence that a party has paid or offered to pay an injured person’s medical, hospital, or similar expenses is inadmissible to prove liability for the injury. The rationale for excluding settlement offers is that such offers are often made for humanitarian purposes. An offer to pay medical expenses is inadmissible even if a disputed claim does not exist at the time of the offer. However, admissions of fact accompanying such payments and offers are admissible.

Question 3

Evidence of prior consensual sexual relations with the defendant in a criminal case

Answer 3

Although Federal Rule 412 generally excludes evidence of an alleged victim’s sexual behavior for public poly reasons, evidence of specific instances of sexual conduct between the alleged victim and the accused may be admitted to show consent.

Question 4

Settlement offers

Answer 4

Evidence of a settlement offer is inadmissible to prove liability for a disputed claim. The rationale for excluding settlement offers is to encourage the settlement of disputes without litigation. A claim must be in existence at the time of the offer for this rule to apply, although a claim can exist without the filing of a lawsuit.