Public Policy Exclusions Flashcards
Most tested Exclusions
- liability ins,
- subsequent remedial measures, and
- settlement offers.
Subsequent Remedial Measures Definition
Any voluntary post-accident step to make something safer is a subsequent remedial measure
What Subsequent Remedial Measures are inadmissible to prove
Inadmissible to prove Ds negligence or that product was defective.
Applies to products liability.
Examples of Subsequent Remedial Measures
- Repairs
- Changes in company policy
- Firing an employee
- Installing safety devices
- Replacing defective floor
- Design changes in a product
Subsequent Remedial Measures Exceptions (FDIC)
SRMs can come in to show FDIC:
F- feasibility of design
D- destruction of evidence
I- impeachment
C- control
Subsequent Remedial Measures Exception: Other Purpose
- admissible if offered for some other purpose than to show D was neg or at fault.
- e.g. repair of houses faulty stairs admissible to show D owned house, not that he was at fault for Ps fall. But here, ownership must be disputed. Can be used to show ownership or control
Subsequent Remedial Measures Exception: Impeachment
- Evidence of SRMs may be admissible to impeach or to show feasibility of safety measures.
- E.g. D says stairs couldnt have been safer (to impeach) P can show D installed new more sturdy stairs to impeach his statement AND to show better safety measures were feasible because he did them after.
Subsequent Remedial Measures Exception: Destruction
Can also use SRMs to prove destruction of evidence
Pre-Accident Measures
pre-accident measures are admissible so long as they are relevant
Settlement Offers Definition
Includes offers to settle, actual settlements, admissible of fault during settlement negotiations
What settlement offers are inadmissible to prove
Inadmissible to prove:
- Fault
- Amt of damages, or
- to impeach witness with prior inconsistent statement or contradiction
Settlement offers disputed claim requirement
- Must be disputed claim
- Disputed as to fault or damages. If no dispute, admissible as an admission/opposing party statement
- E.g. D adms fault and offers P to settle. They dont settle. This statement is admissible. Because P did not make disputing statements about the damages or liability.
- Dont need to have a lawsuit just some assertion a clm exists—e.g. claim ltr or assertion
Admissions of Fault
If settlement offer is inadmissible, any statements of fault during offers are also inadmissible.
What Settlement Offers can be used to show
- Can be used to show bias of witness.
- E.g. third party testifies D was driving safely. P can offer evidence of settlement with another P to impeach.
Types of inadmissible pleas in criminal cases
- Withdrawn guilty pleas
- No contest pleas
- A statement made during plea negotiations
Criminal pleas and subsequent civil cases
- If D enters guilty plea, admissible as admission in subsequent civ case,
- but inadmissible if he enters nolo contendre plea
Offers to pay medical/other expenses
Offer by D to pay Ps hospital, medical, insurance, nursing care, expenses etc is inadmissible
Offers to pay medical/other expenses limitation
- If party makes an admission of fault during an offer to pay med expenses, its admissibile as an admission/opposing party statement
- So “it’s my fault, i wasnt paying attention, ill pay all your med expenses.”
- its my fault, i wasnt paying attention-admissibile as admission
- ill pay all your med expenses-inadmissible as an offer to pay med expenses
- So “it’s my fault, i wasnt paying attention, ill pay all your med expenses.”
Offers to pay medical expenses-VA
VRE doesnt contain a public policy exclusion for offers to pay meds
Liability insurance
Evidence that a person was or was not insured is not admissibile to prove fault or negligence
Liability insurance redaction rule
- statement of fault in a statement mentioning insurance is admissibile,but statement of insurance is inadmissible—its redacted.
- I was at fault - admissibile to show fault
- My insurance will cover it -inadmissible to show fault
Liability insurance exceptions
- Prove ownership or control.
- e.g. person claims they dont own building. Can show insurance policy.
- Prove bias of a witness.
- e.g. showing witness is insurance adjuster to prove bias towards D
