Public Policy Exceptions

Question 1

Public Policy Exceptions

Answer 1

1. Liability Insurance
2. Subsequent Remedial Measures or Repairs
3. Settlements, Offers to Settle, Please and Related Statements
4. Evidence of Payments/Offers to Pay Medical Expenses

Question 2

Liability Insurance

Answer 2

• Inadmissible to Prove Culpable Conduct or Defendant’s Ability to Pay a Judgment –
• Admissible to Prove Anything Else

Question 3

Subsequent Remedial Mesaures or Repairs

Answer 3

Inadmissible to Prove –

Culpable Conduct- (encourage fixing dangerous stuff)

OR

Defective Product Design in Product’s Liability Action – (fix dangerous conditions)

Admissible to Prove Anything Else:

To Rebut Defense of No Feasible Precaution –

Inadmissible for One Purpose, Admissible for Another – Must balance probative value and prujudice.

Question 4

Settlements, Offers to Settle, Pleas & Related Statements

Answer 4

Inadmissible to prove liability or fault

• Civil- inadmissible to prove liablity or fault
• Criminal- inadmissible to prove guilt

Exceptions

• No Claim asserted exception (offered before claim arose)
• No Dispute as to liability or damages (already admitted, must weight prejudice)

Question 5

Evidence of Payments/Offers to Pay Medical Expenses

Answer 5

Inadmissible to Prove Liability – for injuries in question

Limited to Payments/Offers Only – does not include other statements about the case