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Federal Evidence • Policy Considerations & Exclusions
EVID#084
Legal Definition
Unlike the Federal rules, which only allow admissibility of admissions made surrounding payments or offers to pay medical expenses, in California, both the offer and any surrounding admissions are inadmissible.
Plain English Explanation
In other cards, you learned that the Federal Rules do not allow evidence of payments or offers to pay medical expenses aren't allowed, but any admissions of guilt are. So if Bob bumps into Sam causing Sam to fall and break his ankle, then Bob says, "I'm so sorry, let me cover your medical costs. I didn't see you there!" Under the federal rules, the offer to cover medical costs isn't allowed as evidence, but his admission that he didn't see Sam would be allowed.
In contrast, both parts of the statement would be inadmissible in a California court.
In contrast, both parts of the statement would be inadmissible in a California court.
Hypothetical
Hypo 1: In a California shopping mall, Bob accidentally knocks over Sam, causing Sam to sprain his ankle. Bob immediately offers to pay for Sam's medical treatment and says, "I'm so clumsy; I should have watched where I was going." Result: In California, Bob's offer to pay for Sam's medical expenses, along with his statement of clumsiness and fault, cannot be used in court to prove that Bob was responsible for the accident.
Hypo 2: Bob's dog escapes and bites Sam in a park. Feeling guilty, Bob offers to cover all of Sam's medical expenses and admits, "I've been careless in securing the gate." Result: Under California law, both Bob's offer to pay for the medical expenses and his admission of carelessness are protected and cannot be used in court as evidence of his liability for the dog bite.
Hypo 3: During a friendly soccer match in California, Bob accidentally trips Sam, causing a minor injury. Bob apologizes and offers to pay for any medical check-up, adding, "I guess I got too aggressive there." Result: In this case, both Bob's offer to pay for the medical check-up and his admission of being aggressive are inadmissible in court as evidence to establish his liability for Sam's injury.
Hypo 4: In a supermarket, Bob's cart bumps into Sam, causing Sam to fall and sprain his ankle. Bob says, "I'm so sorry, let me cover your medical costs. I didn't see you there!" Sam sues Bob in Federal court. Result: While Bob's offer to cover the medical costs is not admissible to prove fault, his statement "I didn't see you there" can be used as an admission of fault because this is a Federal court and not California court.
Hypo 2: Bob's dog escapes and bites Sam in a park. Feeling guilty, Bob offers to cover all of Sam's medical expenses and admits, "I've been careless in securing the gate." Result: Under California law, both Bob's offer to pay for the medical expenses and his admission of carelessness are protected and cannot be used in court as evidence of his liability for the dog bite.
Hypo 3: During a friendly soccer match in California, Bob accidentally trips Sam, causing a minor injury. Bob apologizes and offers to pay for any medical check-up, adding, "I guess I got too aggressive there." Result: In this case, both Bob's offer to pay for the medical check-up and his admission of being aggressive are inadmissible in court as evidence to establish his liability for Sam's injury.
Hypo 4: In a supermarket, Bob's cart bumps into Sam, causing Sam to fall and sprain his ankle. Bob says, "I'm so sorry, let me cover your medical costs. I didn't see you there!" Sam sues Bob in Federal court. Result: While Bob's offer to cover the medical costs is not admissible to prove fault, his statement "I didn't see you there" can be used as an admission of fault because this is a Federal court and not California court.
Related Concepts
How do courts handle the admissibility of evidence related to a defendant having liability insurance?
How do courts handle the admissibility of evidence related to an offer of compromise between parties?
How do courts handle the admissibility of evidence related to humanitarian offers or offers to pay medical expenses?
How do courts handle the admissibility of evidence related to pleas?
How do courts handle the admissibility of evidence related to subsequent remedial measures?
In California, how do courts handle the admissibility of evidence related to expressions of sympathy?
In California, how do courts handle the admissibility of evidence related to <subsequent remedial measures>?
