Evidence: Public Policy Exclusions

Liability Insurance, generally

Evidence of a party;s insurance against liability or lack thereof is not admissible to prove whether a party acted negligently or otherwise wrongfully

Acceptable uses of Liability Insurance

May be proved for anything other than negligence or wrongful action, including: (1) to prove ownership or control; (2) to impeach a witness; or (3) as part of an admission of liability where the reference to insurance cannot be severed without lessening the probative value of the admission of liability

Subsequent Remedial Measures

Evidence of repairs or other precautionary measures made following an injury is not admissible to prove negligence, culpable conduct, a defect in a product or its design, or a need for warning or instruction

Other admissibility of remedial measures

Evidence of subsequent remedial measures is admissible for any other relevant purpose, including: (1) to prove ownership and control; (2) to rebut a claim that a precaution was not feasible; or (3) to prove that the opposing party has destroyed evidence

Civil Settlements and Negotiations

Evidence of a settlement or an offer to settle a civil claim is not admissible in any case to: (1) prove or disprove the validity or amount of a disputed claim; or (2) impeach a witness by prior inconsistent statement or contradiction. Conduct or statements made in the courts of settling are also inadmissible. However, evidence of a settlement may be used to impeach a witness on the ground of bias

Settlement Evidence: Disputed Claim Required

The exclusion of settlement evidence only applies if there was a claim or some indication that a party was going to make a claim. The claim must also have been in dispute as to either (1) liability; or (2) amount

Limited Exception to Settlement Evidence: Civil Dispute with Government Authority

Conduct or statements made during compromise negotiations regarding a civil dispute with a governmental regulatory, investigation, or enforcement authority are not excluded when offered in a criminal case

Plea Discussions

The following are generally inadmissible: (1) offers to plead guilty; (2) withdrawn guilty pleas; (3) actual pleas of nolo contendere; or (4) statements of fact made during plea discussions. Actual guilty pleas are admissible

Payments and Offers to Pay Medical Expenses

Evidence that a party has paid or offered to pay an injured person’s medical, hospital, or similar expenses is inadmissible to prove liability for the injury. However, admissions of fact accompanying such payments and offers are admissible