EVIDENCE THAT MAY BE EXCLUDED FOR CERTAIN PURPOSES
Evidence
Inadmissible
Admissible
Liability Insurance
Inadmissible to prove fault or
ability to pay.
Admissible for anything else
(to prove ownership/control,
as impeachment, or as part of
an admission of liability
where reference to coverage
cannot be severed)
Subsequent Remedial
Measures
Inadmissible to prove fault,
defect, or inadequate
warning.
Admissible to rebut a claim
that precaution was not
feasible.
Settlement Offers and related
statements including factual
admissions
Inadmissible to prove liability
or fault, or to impeach; but
does not include statements
made before the existence of
threat of litigation was
asserted
Admissible for anything else.
Note: evidence of settlement
is admissible to impeach a
witness on ground of bias.
Pleas, Offers to Plea, and
related statements
Inadmissible to prove guilt
Generally inadmissible
Payment or Offers to Pay
Medical Expenses
Inadmissible to prove liability
for injuries. Note: offers to
pay med expenses in
exchange for release of
liability = settlement offer and
therefore inadmissible.
Admissible for anything else.
Related statements including
factual statements are
admissible.
Plaintiff’s Accident History
Inadmissible to prove general
character of carelessness.
May be admissible to prove
previous fraudulent/false
claims, and previous injury to
same part of the body.
Similar Accidents or Injury
Caused by Same Event or
Condition
Inadmissible to prove general
character of carelessness.
Admissible to prove:
(1) existence of a dangerous
condition
(2) that the dangerous
condition caused the injury in
the present action and
(3) that defendant had notice
of the dangerous condition
Similar Conduct Previously
Committed by Party
Otherwise
irrelevant/inadmissible.
Admissible to show intent or
motive in the current case.
Sales of Similar Property
Causation
Prior Occurrences to Rebut a
Claim of Impossibility
Otherwise
irrelevant/inadmissible.
Admissible to prove
property’s value
Complicated issues of
causation may be established
by evidence concerning other
times, events, or persons (for
example, damage to nearby
homes caused by D’s
blasting is relevant to prove
D’s blasting damaged P’s
home)