Public Policy Exclusions

Question 1

Subsequent Remedial Measures

Answer 1

Evidence of safety measures taken or repairs made after an accident is inadmissible to demonstrate negligence, culpability, defect, or need for warning or instruction.

However, such evidence is relevant to impeach or demonstrate control/ownership.

Question 1

Statements during Compromise, Settlements, and Negotiations

Answer 1

Any statement made during settlements or negotiations are inadmisible to:

1) Prove or disprove the validy or amount of a disputed claim

2) For impeachment purposes

Question 2

Liability Insurance

Answer 2

Evidence that a person was or was not insured is admissible to prove negligence, culpability, or even that a person WAS NOT culpable.

However, may be used to demonstrate condition of premises or ownership.

Question 3

Offers to Pay Medical Expenses

Answer 3

Evidence of the payment, offer to pay, or promise to pay medical/hospital expenses are not admissible to prove liability.

However, a statement that accompanies the payment or offer/promise is admissible.

This is unlike negotiations/settlements, where ALL statements are inadmissible!