Product Liability and Admissibility of Subsequent Remedial Measures: Resolving the Conflict by Recognizing the Difference between Negligence and Strict Tort Liability

I. Introduction II. Subsequent Remedial Measures and Product Liability Theory ... A. Policies Underlying Federal Rule 407 and Similar State Rules ... B. Product Liability Theories and Underlying Policies ... C. Subsequent Remedial Measures and Tort Theories—Recognizing the Difference III. Reviewing the Case Law IV. Admissibility of Evidence of Subsequent Remedial Measures in Nebraska V. Conclusion