Public Policy Exclusions

Question 1

liability insurance

Answer 1

evidence of liability insurance inadmissible to prove culpable conduct like negligence but admissible for antyhingelse

Question 2

subsequent remedical measures

Answer 2

evid of safety measures or repairs after an accident is inadmissible to prove culpable conduct and, in a prod. liability action, inadmissible to prove defective product design

exceptions

1. admissible to prove anything else (e.g. ownership of thing that he repaired afterwards)
2. admissible to rebut defense of no feasible precauation

Question 3

Settlement, offers to settle and pleas

Answer 3

civil - evi of settlements, offers to settle annd related statement in admissible

crim - pleas later withdrawn, offers to pleas eand related statements inadmissible

Question 4

exceptions to settlement rule

Answer 4

if no claim filed or threatened, any statement is admissible

if no amount is in dispute, settlement states stated then (i dont’ dispute amount but will only pay X) is admissible

Question 5

paymetns of or offers to pay medical expenses

Answer 5

evi of payments or offers to pay medical expenses is inadmissible when offers to prove liability for injuries but related statements are admissible

WATCH OUT - for medical paymetns you can admit related statements. for settlement offers you don’t

make sure to play these two off of each other