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)