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Topic: Subsequent remedial measure

	[No title]
		He further contends that the court's exclusion, as a subsequent remedial measure, of a Consol safety memo issued about Newman's accident was erroneous as was its denial of a motion he made to dismiss the limitation action by reason of the spoliation of evidence.
		While the dissent argues that the memo is not a subsequent remedial measure within the meaning of Rule 407 because Newman only sought to admit the portion dealing with Consol's investigation of the accident, dissent at 19, there is authority supporting the exclusion of evidence of post-accident investigations under Rule 407.
		In this case, the remedial measure was not the Photoelastic Study of the trunnion but rather the subsequent redesign of the trunnion.
	vls.law.vill.edu /locator/3d/Aug1997/97a1674p.txt (6732 words)

	Subsequent Remedial Measure in Strict Liability \| Pennsylvania Negligence, Personal Injury Attorneys
		By the turn of the century, dissatisfaction with the wholesale admission of subsequent remedial repair evidence began to surface among the Pennsylvania appellate judiciary.
		The second commonly invoked "exception" to the subsequent remedial measures rule is that such measures are admissible to prove feasibility of precautionary measures which the defendant could have taken but did not.
		Finally, subsequent repairs may be admissible in cases where demonstrative evidence, or perhaps the jury’s view of the site necessitates the jury’s seeing the subsequent repair; an instruction is necessary to explain to the jury that a change has occurred from the time of the incident in question, so as to avoid confusion.
	www.munley.com /product_liability_strict_actions.html (6241 words)

	PA Bulletin, Doc. No. 03-53
		F.R.E. 407 is silent as to whether there is any restriction on the actor who must have taken the subsequent remedial measure for the rule to preclude admissibility of such evidence.
		Regardless of Pa.R.E. 407, evidence of subsequent remedial measures is not admissible unless it satisfies the standards of Pa.R.E. 401, 402, and 403.
		At common law, evidence of subsequent remedial measures was not admissible to prove fault or negligence.
	www.pabulletin.com /secure/data/vol33/33-2/53.html (1174 words)

	EVIDENCE OF POST-ACCIDENT REPAIRS: ADMISSIBLE OR NOT?
		Evidence of remedial measures taken after an event is not admissible to prove that the event was caused by negligence or culpable conduct.
		While remedial measures certainly should be undertaken to prevent future accidents, the characterization of such measures can be decisive in subsequent litigation.
		Where remedial measures are warranted after a particular accident or other event, and an emergency situation does not exist, a manufacturer should consult legal counsel before implementing such measures to plan the best way to do so.
	www.nmmlaw.com /publications/repairs.html (523 words)

	Converted file wwr
		As an initial stage in the disciplinary process, the corrective form is a subsequent remedial measure that may not be used to prove Strack’s negligence or culpability in connection with Carter’s injury.
		The trial court admitted the photograph on the basis that even though it depicted a corrective remedial measure (the warning sign), it was relevant to show the stain on the floor that remained even after the area was mopped.
		Generally speaking, the measure of compensatory damages in negligence actions depends upon the nature of the injuries sustained by the plaintiff and not upon her wealth or poverty.
	www.ai.org /judiciary/opinions/archive/02170401.wwr.html (4247 words)

	DISCOVERY AND ADMISSIBILITY OF SUBSEQUENT REMEDIAL MEASURES IN THE PREMISES LIABILITY CASE 2
		Evidence of subsequent remedial measures is also admissible to prove r control, to establish the feasibility of precautionary measures when the issue is in dispute, and for use for impeachment or rebuttal.” Ielouch v.
		In such a case, the plaintiff could use subsequent remedial measures to show that there was a substance on the floor at the time of the incident, that the substance made the floor dangerous or that it was feasible for the defendant to have made the repairs in question.
		A separate but related issue to the admissibility of subsequent remedial measures, is whether evidence of the presence on absence of prior accidents is admissible, Unless the defendant is or should have been on notice of the hazardous nature of the defective condition, a submissible case cannot be made.
	www.mmmpalaw.com /CM/Articles/Articles106.asp (2167 words)

	Evidence - Chapter 13
		Rule 407 excludes evidence of subsequent remedial measures when offered to prove negligent or culpable conduct, including strict liability in federal courts.
		When a subsequent remedial measure is made by a third person, the policy of encouraging such measures is not implicated, and thus the rule does not apply.
		When a subsequent remedial measure is required by governmental regulation, the policy of encouraging such measures is not be implicated.
	www.lexisnexis.com /lawschool/study/outlines/html/evid/evid13.htm (246 words)

	1999 GDLA Law Journal - Recent Developments In Georgia Evidence Law
		The Court held that although subsequent remedial measures are generally inadmissible in negligence actions, the evidence may be admitted where the feasibility of repair or modification is an issue (citing Wilson Foods Corp. v.
		Plaintiff argued that the trial court erred in excluding evidence regarding subsequent remedial measures taken by the defendant, when the DOT brought in a crew to paint white edge strips on the road.
		The Court disagreed and held that the plaintiff did not show she was harmed by the exclusion of this evidence, as evidence of subsequent remedial measures is generally inadmissible in negligence actions for public policy reasons.
	www.gdla.org /members/el15h.html (510 words)

	Untitled (Site not responding. Last check: 2007-10-03)
		Freeman's counsel again sought to introduce the subsequent remedial measures evidence and the Court reaffirmed its prior ruling.
		The Law Court disagreed stating that evidence of causation is a necessary element of a negligent claim and allowing evidence of subsequent repair as malfunction evidence would essentially nullify the rule that disallows such evidence because a plaintiff could always allege a malfunction in every case where a product failed to perform as intended.
		The Court reiterated that the generally accepted rationale for excluding evidence of subsequent remedial measure is that exclusion is justified because admissibility would deter the sound public policy of encouraging repairs.
	www.nhdlaw.com /headline.php?item=88 (648 words)

	Medical Malpractice - Maryland -- Changes in Protocol Not Admissible
		The trial court's ruling was based on Maryland Rule 5-407, which renders evidence of subsequent remedial measures inadmissible to prove negligence or culpable conduct.
		The Court analyzed the common law with respect to the admissibility of subsequent remedial measures before the adoption of Maryland Rule 5-407 and noted that common law forbid the use of subsequent remedial measures as an admission of negligence or culpability but allowed the evidence as circumstantial proof of the standard of care.
		In the case at hand, however, the defendant physicians did not assert that the remedial measure was medically unsafe but that, in their view, not advisable at the time.
	www.jocs-law.com /newsletter/medmal.htm (463 words)

	A History of Measurement Sciences
		Their measurement skills enabled the development of cannons and other military weapons that were better than those of their enemies.
		Measurements conducted during a LITR experiment showed that it was both feasible and safe to operate a boiling water reactor, a concept later marketed by the General Electric Company.
		Spectrophotometers to measure coenzymes made from vitamins were the size of a suitcase and the sample consisted of several milliliters.
	www.ornl.gov /info/ornlreview/measure/ahisto/History.htm (3158 words)

	Columbia National Insurance Co. v. Gary Freeman and Peggy Freeman (2002) * Arkansas
		Appellant argues that these documents should have been excluded because they include evidence of "subsequent remedial measures" which are inadmissible pursuant to Rule 407 of the Rules of Evidence.
		Whenever, after an event, measures are taken which, if taken previously, would have made the event less likely to occur, evidence of the subsequent measures is not admissible to prove negligence or culpable conduct in connection with the event.
		We held that the pictures were evidence that appellee had taken subsequent remedial measures and affirmed the trial court exclusion of the evidence.
	www.claimrep.com /laws/cases/Ar/caseARColumbiaNational02.htm (3283 words)

	John J. Keating, Administrator of the Estate of Michael J. Keating & a. v. United Instruments, Inc. & a.
		The plaintiff argues that the trial court abused its discretion in excluding evidence of a subsequent remedial measure to impeach the testimony of James Peterson, an FAA investigator, while allowing Peterson to testify to tests of the 5934 altimeter that were conducted after the subsequent remedial measure occurred.
		Other courts have allowed subsequent remedial measures to impeach a defendant who has testified that the product in question is designed to be the safest or the best.
		In those cases, subsequent remedial measures were used to impeach the allegation that the product at the time of the incident was the safest or the best that it could be.
	www.state.nh.us /judiciary/supreme/opinions/1999/keating.htm (2541 words)

	Ethan Frome
		When the plaintiff has indicated his or her desire to introduce evidence of a subsequent remedial measure in order to prove feasibility, defense counsel should strongly consider stipulating to the issue of feasibility in order to avoid the introduction of that evidence.
		A few courts have indicated that the public policy that underlies excluding evidence of subsequent remedial measures also applies to recall letters -- that manufacturers should not be prejudiced by or inhibited in their efforts to protect public safety and comply with their statutory duty.
		1992) (concluding that cases that have admitted subsequent remedial measure evidence for impeachment purposes tend to involve a close nexus between the statements sought to be impeached and the remedial measure at issue).
	www.thefederation.org /documents/Narstadt-F04.htm (6965 words)

	McFarland v. Bruno Mach. Corp. - Ohio Supreme Court Opinion - Ohio Supreme Court Decision - OH Case Law
		occur, evidence of the subsequent measures is not admissible
		exclusion of evidence of subsequent remedial measures is not
		The notion that evidence of remedial measures is
	www.romingerlegal.com /Ohio_case_law/1994/1994-ohio-62.html (3216 words)

	Burden of proof Summary
		For example, O.J. Simpson was cleared in a criminal trial of murder, but, in a subsequent civil trial, due to the lower standard of proof, had substantial damages for wrongful death ordered against him.
		Measure of proof: P has to prove every element of the offence beyond a reasonable doubt, but not necessarily prove every single fact beyond a reasonable doubt.
		In civil law cases, the "burden of proof" requires the plaintiff to convince the trier of fact (whether judge or jury) of the plaintiff's entitlement to the relief sought.
	www.bookrags.com /Burden_of_proof (1405 words)

	Momkus McCluskey Monroe Marsh & Spyratos, LLC \| News/Events/Articles (Site not responding. Last check: 2007-10-03)
		Illinois courts have long held that evidence of subsequent remedial measures is generally not admissible to prove negligence or culpable conduct.
		If such remedial measures could be used by a plaintiff as evidence of negligence or an admission that a product was inherently dangerous, a disincentive for manufacturers to improve their products would exist.
		Rule 407 of the Federal Rules of Evidence, Subsequent Remedial Measures, states when, after an event, measures are taken which, if taken previously, would have made the event less likely to occur, evidence of subsequent remedial measures is not admissible to prove negligence or culpable conduct in connection with the event.
	www.momlaw.com /news-11.htm (10510 words)

	BCLI Consultation Paper on Post-Accident Remedial Measures
		Thus, the evidence of subsequent remedial measure is admissible for the purpose of considering the validity of the defendants' claims and the general economic and functional ability to implement improvements related to safety on Store Street.
		The move toward admitting evidence of remedial measures is part of a larger trend in Canadian law, a trend which seeks to admit as much relevant evidence as possible for consideration.
		Arguably allowance should be made for the admission of evidence of subsequent remedial measures which goes to proof of collateral issues that are disputed by the defendant.
	www.bcli.org /pages/projects/accidents/CP_Rem_Meas.html (2905 words)

	Subsequent remedial measure - Wikipedia, the free encyclopedia
		A subsequent remedial measure is a term used in the law of evidence in the United States to describe an improvement or repair made to a structure following an injury caused by the condition of that structure.
		For example, suppose a plaintiff were to slip and fall on the steps leading into a building, and that the defendant then decided to take a remedial measure and coat the steps with a less slippery material.
		The plaintiff would not be able to introduce evidence of this remedial measure in order to prove that the condition was hazardous at the time of the slip and fall.
	en.wikipedia.org /wiki/Subsequent_remedial_measure (270 words)

	City of Bethel v. Peters (09/03/2004) sp-5829
		The City appeals from the jury verdict, claiming that Alaska Rule of Evidence 407 should have barred the admittance of the accident report, that the issue of severe disfigurement should not have gone to the jury, and that the courts failure to correct a pair of statements made during Peterss closing argument was plain error.
		Evidence of subsequent remedial measures is relevant to the question of negligence, but it is excluded in order to encourag[e] defendants to take safety precautions after accidents.5 The City claims that the rule should have barred the admission of the Accident/Incident Investigation Report completed by Louise Charles.
		We take measures to mean concrete actions, and to leave outside the rules prohibition preliminary investigations and recommendations pointing toward those actions.18 Even if post-accident investigations and reports were considered measures, the rule would not reach them.
	www.touchngo.com /sp/html/sp-5829.htm (2797 words)

	Evidence: Lecture notes
		This rule does not require the exclusion of evidence of subsequent measures when offered for another purpose, such as proving ownership, control, or feasibility of precautionary measures, if controverted, or impeachment.
		The theory of the rule is that (1) it avoids discouraging people from taking remedial measures because that evidence might be used against them, and (2) the marginal probative value of the evidence to show danger generally is small, so not much is lost by excluding it.
		Rule 407 applies to proof of a subsequent remedial measure in a product liability case in which plaintiff alleges that the manufacturer is strictly liable in tort for marketing a defective product.
	homepages.law.asu.edu /~kayed/class/evidence/05-cat-excl/05-cat-excl.htm (876 words)

	04-7011 -- Minter v. Prime Equipment Co. -- 06/29/2006
		First, it observed that subsequent remedial measures often are "not in fact an admission, since the conduct is equally consistent with injury by mere accident or through contributory negligence." Fed. R.
		It is undoubtedly true that evidence of subsequent remedial measures can be said to contradict, and hence, in a sense, 'impeach' a defendant's contention that he was exercising due care or that materials used in the manufacture of a product were appropriate for their intended application.
		According to the plaintiff, the evidence of Prime Equipment's subsequent remedial measures should have been admitted at trial to rebut the testimony from Prime Equipment's expert witness that the chainlink entry was "basically equivalent" to a solid guardrail.
	www.kscourts.org /ca10/cases/2006/06/04-7011.htm (9313 words)

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