RULE 407. SUBSEQUENT REMEDIAL MEASURES
after an injury or harm allegedly caused by an event, measures are taken that,
if taken previously, would have made the injury or harm less likely to occur, evidence of the
subsequent measures is not admissible to prove fault, culpable conduct, a defect in a product,
a defect in a product's design, or a need for a warning or instruction. This rule does not
require the exclusion of evidence of subsequent measures if offered for another purpose,
such as proving ownership, control, or feasibility of precautionary measures, if controverted,
When measures are taken that would have made an earlier injury or harm less likely to occur, evidence of the subsequent measures is not admissible to prove:
(b) culpable conduct;
(c) a defect in a product or its design; or
(d) a need for a warning or instruction.
The court may admit this evidence for another purpose, such as impeachment or, if disputed, proving ownership, control, or the feasibility of precautionary measures.
Rule 407 was amended, effective March 1, 2000; March 1, 1990; March 1, 2014.
Rule 407 was amended, effective March 1, 2000, to follow the 1997 federal amendment.
The amendment clarifies
: "Evidence that evidence of measures taken
by the a defendant
prior to the an 'event ' causing
'injury or harm' do not fall within the exclusionary scope of
Rule 407 even if they occurred after the manufacture or design of the a
product. " Rule 407,
Fed.R.Evid., 1997 Advisory Committee Notes. The amendment also extends the
exclusionary principle of the rule to product s liability actions.
Rule 407 was amended, effective March 1, 2014, in response to the December 1, 2011, revision of the Federal Rules of Evidence. The language and organization of the rule were changed to make the rule more easily understood and to make style and terminology consistent throughout the rules. There is no intent to change any result in any ruling on evidence admissibility.
Sources: Joint Procedure Committee Minutes
: of April 26-27, 2012,
September 24-25, 1998, pages 2-3; April 30-May 1, 1998, pages 14-15; April 8, 1976, pages
23, 25; October 1, 1975, page 3. Rule Fed.R.Ev. 407 , Federal
Rules of Evidence; Rule 407,