Relevance

Question 1

P’s other lawsuits or injuries - admissible?

Answer 1

Generally inadmissible for character, but admissible for damages or showing P’s prior false claims

Question 2

Similar accidents caused by same event or condition - admissible?

Answer 2

Yes if to show that condition exists, was the cause of present injury, and D had notice of dangerous condition

Question 3

Prior similar acts?

Answer 3

Yes to prove intent

Question 4

Habit and business routine evidence?

Answer 4

Yes to show they acted in accordance with habit on the occasion. Need 1) frequency of conduct and 2) particularity of circumstances

Question 5

Industry custom evidence?

Answer 5

To show evidence of appropriate standard of care (but not conclusive)

Question 6

Liability insurance?

Answer 6

Admissible only to show ownership or control (if disputed), to impeach witness (usually to show bias), or part of admission of liability. NOT to show that party acted negligently

Question 7

Subsequent remedial measures?

Answer 7

NOT to show negligence or defect or need for warning… but YES for ownership if disputed, to rebut claim that a precaution was not feasible, or prove other party destroyed evidence

Question 8

Settlements, offer, and conduct/statements in negotiations?

Answer 8

NOT to prove/disprove validity or amount of disputed claim, or impeach witness by prior inconsist statements. Settlement evidence can only impeach witness for bias

Question 9

Settlement when no claim has been brought, and no indication that it will be?

Answer 9

Admissible - not barred by public policy exclusion

Question 10

Payments or offer to pay med expenses?

Answer 10

Inadmissible to prove liability BUT (!!) accompanying admissions of liability are admissible (“I’ll pay your med bills and I’m sorry I ran the red light”).

Note: if “I’ll pay your med bills if you drop the case,” that’s actually ALL inadmissible because it becomes a settlement offer.