Public Policy Exclusions Flashcards
What are public policy exclusions?
Public policy exclusions apply to otherwise relevant evidence that is barred due to public policy, including:
1. Subsequent remedial measures
2. Compromises and offers to settle
3. Payment of medical and similar expenses
4. Please, pleas discussions and related statements
5. Liability insurance
When are subsequent remedial measures inadmissible
Subsequent remedial measures are inadmissible to prove negligence, culpable conduct, design defect or the need for a warning
When are subsequent remedial measures admissible
Admissible to show ownership or control, impeachment, feasibility of precautions (if controverted)
When are compromises and offers to settle inadmissible?
Evidence of an offer to settle a claim that is disputed about either validity or amount is inadmissible to prove liability?
When is evidence regarding a compromise or offer to settle admissible?
Evidence is admissible to show bias or prejudice, or to negate a contention of undue delay
When is payment of medical or similar expenses inadmissible
Evidence of offering to pay medical bills is inadmissible to prove liability for an injury
When is evidence regarding pleas, plea discussions and related statements inadmissible
A plea and any statements made during plea negotiations by D to a prosecutor will be inadmissible against D in a later proceeding
Does inadmissibility of evidence regarding pleas, plea discussions and related statements apply to statements made to the police?
No. Inadmissibility only applies to statements made to prosecutor
When is evidence regarding liability insurance inadmissible?
Evidence that a person was or was not insured is inadmissible to prove negligence or fault
When is evidence regarding liability insurance admissible?
Evidence that a person was or wasn’t insured is admissible for purposes including showing agency, ownership or control
Are the limits of insurance coverage ever admissible?
No.
