Subsequent Remedial Measures

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: • negligence; • culpable conduct; • a defect in a product or its design; or • a need for a warning or instruction. But the court may admit this evidence for another purpose, such as impeachment or – if disputed – proving ownership, control, or the feasibility of precautionary measures. [Amended effective July 1, 2011; restyled effective July 1, 2016.] Advisory Committee Historical Note Effective July 1, 2016, the Rule was amended as part of the general restyling of the Evidence Rules. Effective June 16, 2016, the “Comment” was retitled “Advisory Committee Note.” Effective July 1, 2011, Rule 407 and its Advisory Committee Note were amended to reference products liability claims and to clarify that the Rule applies only to remedial changes made after the occurrence that produced the damages at issue. Advisory Committee Note The language of Rule 407 has been amended as part of the general restyling of the Evidence Rules to make them more easily understood and to make style and terminology consistent throughout the rules. The Rule has been restructured, adding a list of bullet points. These changes are intended to be stylistic only. There is no intent to change any result in any ruling on evidence admissibility.