Subsequent Remedial Measures, Offers of Compromise, Pleas, etc.

Question 1

What is a subsequent remedial measure?

Answer 1

Occurs when an individual takes remedial action after P is injured, that, if taken previously, would have made the injury or harm less likely to occur

Rule 407.

Question 2

Is evidence of a subsequent remedial measures admissible?

Answer 2

For impeachment, or if disputed, to show:

1. Ownership;
2. Control; or
3. Feasibility of precautionary measures

Rule 407.

Question 3

Evidence of subsequent remedial measures cannot be introduced to prove _______

Answer 3

1. Negligence;
2. Culpable conduct;
3. Defect in a product or its design; or
4. Need for a warning or instruction.

Rule 407

Question 4

When is evidence of an offer to settle a claim admissible?

Answer 4

If the evidence is used to show:

1. A witness’s bias or prejudice;
2. Negating a contention of undue delay; or
3. Proving an effort to obstruct a criminal investigation or prosecution

Rule 408

Question 5

When is evidence of an offer to settle a claim barred?

Answer 5

Evidence of an offer to settle a claim cannot be introduced to demonstrate the validity or amount of a disputed claim or to impeach by a prior inconsistent statement or a contradiction:

(1) furnishing, promising, or offering—or accepting, promising to accept, or offering to accept—a valuable consideration in compromising or attempting to compromise the claim; and
(2) conduct or a statement made during compromise negotiations about the claim
* except when offered in a criminal case and when the negotiations related to a claim by a public office in the exercise of its regulatory, investigative, or enforcement authority.

Rule 408.

Question 6

Are offers to pay medical bills admissible?

Answer 6

Never to show liabilty.

However, any separate admissions of liability made in conjunction with the offer are admissible.

Rule 409.

Question 7

Is evidence of liability insurance (or lack thereof) admissible?

Answer 7

Cannot be used to show negligence, but can be used to show:

1. Witness bias or prejudice;
2. Agency;
3. Ownership; or
4. Control

Rule 411.

Question 8

When are plea negotiations admissible against the D who engaged in the plea negotiations?

Answer 8

1. If another statement made during the same plea discussions has been admitted, and the statements should be considered together for fairness’s sake; or
2. The statements were made falsely under oath with an attorney present.

Rule 410.

Question 9

What evidence of plea negotiations is inadmissible against the D who engaged in the plea negotiations?

Answer 9

1. Guilty plea that was later withdrawn;
2. Nolo contendere (no contest) plea;
3. Statements made during a plea proceeding; and
4. Statements made during plea negotiation discussions with prosecutor and attorney

Rule 410.