Specialized Relevance: 407-411 Flashcards
Subsequent Remedial Measures (407)
Inadmissible to prove negligence or fault, defect, or need for warning
Admissible to prove, if disputed, ownership, control, or feasibility; destruction of evidence; impeachment
Settlement Offers (408)
Evid of compromises or offers to compromise is INADM to prove/disprove the validity or amount of a disputed claim, to impeach thru a prior inconsistent statement or contradiction, or to prove fault
*lawsuit neednt be commenced for 408 to apply, a claim just must exist
Medical Expenses (409)
Offer to pay medical expenses INADM to show fault, whether or not claim is dispputed
ADM to show D was there or injury occurred
*Only prohibits offer itself, accompanying stmts possibly adm as stmt by party opponent
Criminal Pleas (410)
Withdrawn guilty pleas, nolo contendere pleas, and statements made during plea negs are INADM in a civil or criminal case against D who made the plea
Actual guilty plea is ADM
Liability Insurance (411)
Evid that a person was/wasnt insured against liability is INADM to prove negligence or no culpability
ADM to show ownership/control, bias
*Accompanying stmt of fault perhaps adm as stmt against party opponent