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:
- 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.
This is a French rule.
The more expansive the view of feasibility (including more than that it is merely possible, such as that it was a good idea), the more likely there is to be disagreement over it and thus the more likely subsequent remedial measures are to be allowed.