Intro to the Federal Rules of Evidence - 13

E. EXCLUSION RULES FOR PUBLIC POLICY REASONS (FRE 407-411)

1. Subsequent remedial measures (FRE 407)

a. Inadmissibility

i) Inadmissible
To prove negligence or culpable conduct, including strict liability

ii) Admissible
To prove a) ownership, b) control, c)feasibility of precautionary measures , or to d)impeach a witness.

b. Rationale

i) To encourage people to take safety measures.
ii) Low probative value: diverse reasons possible.

c. Timing of Repair
The repair or remedial must take effect after the accident or incident being litigate.

d. Required remedial measures by governmental regulations
The policy of encouraging such measures is not implicated. Thus, Rule 407 does not apply. But Rule 401 or 403 can be applied.(relevance)

e. Examples
Subsequent repairs, the installation of safety devices, changes in company rules, discharge of employees, disciplinary action against an employee, changes in drug warnings, modifications in product design.