Evidence-Wellborn SU2006 Outline

Timing of remedial measure must be taken after the

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Unformatted text preview: 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. Texas Rule: Has a special provision that provides that recall letters are not barred by the rule! (the scant federal caselaw appears generally consistent, treating such communications as party admissions) Scope and purpose of Rule 407. Carries on common-law tradition of excluding evidence of a party's subsequent remedial measures as proof of the party's negligence or culpable conduct. Public policy concern: Want to encourage parties to take safety measures Relevancy concern: Is evidence of a subsequent remedial measure really a good indicator of a party's negligence? Timing of remedial measure: Must be taken after the occurrence of the accident or event that allegedly caused the injury or harm. Remedial measure taken after a product was purchased, but before the accident or event that caused the alleged injury does not qualify as a subsequent remedial measure. Evidence of a design change affected after manufacture but before the...
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