Public Policy Exclusions

Question 1

Most tested Exclusions

Answer 1

• liability ins,
• subsequent remedial measures, and
• settlement offers.

Question 2

Subsequent Remedial Measures Definition

Answer 2

Any voluntary post-accident step to make something safer is a subsequent remedial measure

Question 3

What Subsequent Remedial Measures are inadmissible to prove

Answer 3

Inadmissible to prove Ds negligence or that product was defective.

Applies to products liability.

Question 4

Examples of Subsequent Remedial Measures

Answer 4

• Repairs
• Changes in company policy
• Firing an employee
• Installing safety devices
• Replacing defective floor
• Design changes in a product

Question 5

Subsequent Remedial Measures Exceptions (FDIC)

Answer 5

SRMs can come in to show FDIC:

F- feasibility of design

D- destruction of evidence

I- impeachment

C- control

Question 6

Subsequent Remedial Measures Exception: Other Purpose

Answer 6

• 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

Question 7

Subsequent Remedial Measures Exception: Impeachment

Answer 7

• 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.

Question 8

Subsequent Remedial Measures Exception: Destruction

Answer 8

Can also use SRMs to prove destruction of evidence

Question 9

Pre-Accident Measures

Answer 9

pre-accident measures are admissible so long as they are relevant

Question 10

Settlement Offers Definition

Answer 10

Includes offers to settle, actual settlements, admissible of fault during settlement negotiations

Question 11

What settlement offers are inadmissible to prove

Answer 11

Inadmissible to prove:

• Fault
• Amt of damages, or
• to impeach witness with prior inconsistent statement or contradiction

Question 12

Settlement offers disputed claim requirement

Answer 12

• 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

Question 13

Admissions of Fault

Answer 13

If settlement offer is inadmissible, any statements of fault during offers are also inadmissible.

Question 14

What Settlement Offers can be used to show

Answer 14

• 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.

Question 15

Types of inadmissible pleas in criminal cases

Answer 15

• Withdrawn guilty pleas
• No contest pleas
• A statement made during plea negotiations

Question 16

Criminal pleas and subsequent civil cases

Answer 16

• If D enters guilty plea, admissible as admission in subsequent civ case,
• but inadmissible if he enters nolo contendre plea

Question 17

Offers to pay medical/other expenses

Answer 17

Offer by D to pay Ps hospital, medical, insurance, nursing care, expenses etc is inadmissible

Question 18

Offers to pay medical/other expenses limitation

Answer 18

• 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

Question 19

Offers to pay medical expenses-VA

Answer 19

VRE doesnt contain a public policy exclusion for offers to pay meds

Question 20

Liability insurance

Answer 20

Evidence that a person was or was not insured is not admissibile to prove fault or negligence

Question 21

Liability insurance redaction rule

Answer 21

• 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

Question 22

Liability insurance exceptions

Answer 22

• 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