RULE 407. SUBSEQUENT REMEDIAL MEASURES
Whenever, 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, or impeachment.
Rule 407 was amended, effective March 1, 2000, to follow the 1997 federal amendment. The amendment clarifies: "Evidence of measures taken by the defendant prior to the '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 product." Rule 407, Fed.R.Evid., 1997 Advisory Committee Notes. The amendment also extends the exclusionary principle of the rule to products liability actions.
SOURCES: Minutes of Joint Procedure Committee: 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 407, Federal Rules of Evidence; Rule 407, SBAND proposal.