Public Policy Exclusions

Question 1

Liability insurance

Answer 1

Evidence of a party’s insurance against liability (or lack thereof) is not admissible to show whether the party acted negligently or otherwise wrongfully

May be admissible for other relevant purposes, like
- prove ownership or control if disputed
- impeach a witness, or
- as part of an admission of liability, where the reference to insurance coverage cannot be severed without lessening its probative value as an admission of liability

Question 2

Subsequent remedial measures - inadmissible

Answer 2

Evidence of repairs or other precautionary measures made following an injury is not admissible to prove negligence, culpable conduct, a defect in a product or its design, or a need for a warning or instruction

Question 3

Subsequent remedial measures - admissible

Answer 3

Evidence of repairs or other precautionary measures made following an injury may be admissible for some other relevant purpose, like
- to prove ownership or control if disputed
- to rebut a claim that a precaution was not feasible, or
- to prove that the opposing party has destroyed evidence

Question 4

Civil settlements and settlement negotiations

Answer 4

Evidence of a compromise (settlement) or an offer to compromise a civil claim is not admissible in any case to
- prove or disprove the validity or amount of a disputed claim, or
- impeach a witness by prior inconsistent statement or contradiction

Conduct or statements made in the course of negotiating a compromise - including direct admissions of liability - are also inadmissible

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

Question 5

Settlements and negotiations - disputed claim

Answer 5

Exclusion for settlements and negotiations only kicks in if there was a claim or some indication that a party was going to make a claim

And the claim must have been in dispute as to either
- liability, or
- amount

Question 6

Exception to settlement rule - civil dispute with government authority

Answer 6

Conduct or statements made during compromise negotiations regarding a civil dispute with a governmental regulatory, investigative, or enforcement authority are not excluded when offered in a criminal case

Question 7

Plea discussions

Answer 7

Generally inadmissible in any criminal or civil case against the defendant who made the plea or participated in the discussions
- offers to plead guilty
- withdrawn guilty pleas
- actual pleas of nolo contendere, or
- statements of fact made during any of the above plea discussions

An actual guilty plea is generally admissible in related litigation as a statement of an opposing party

Question 8

Payment of and offers to pay medical expenses

Answer 8

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

But admissions of fact accompanying such payments and offers are admissible
- beware of an offer to pay medical expenses that is also an offer to settle - any accompanying statements or conduct would be excluded