A Proposal to Amend Rule 407 of the Federal Rules of Evidence to Conform With the Underlying Relevancy Rationale for the Rule in Negligence and Strict Liability Actions
The John Marshall Law School
Kirkland & Ellis LLP; The John Marshall Law School
Seton Hall Circuit Review, Vol. 6, No. 2, 2006-2007
The current version of FRE 407 prevents the use of evidence of remedial measures taken after an event that caused an injury or harm in order to prove negligence, culpable conduct, or strict product liability. Our proposal is that the language of Rule 407 be amended to preclude the admissibility of remedial measures which are taken both before and after an injury. This change will implement the relevancy rationale for the rule.
Number of Pages in PDF File: 25
JEL Classification: K19
Date posted: October 22, 2007