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

25 Pages Posted: 22 Oct 2007  

Ralph Ruebner

The John Marshall Law School

Eugene Goryunov

Kirkland & Ellis LLP; The John Marshall Law School

Abstract

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.

JEL Classification: K19

Suggested Citation

Ruebner, Ralph and Goryunov, Eugene, 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. Seton Hall Circuit Review, Vol. 6, No. 2, 2006-2007. Available at SSRN: https://ssrn.com/abstract=1022606

Ralph Ruebner (Contact Author)

The John Marshall Law School ( email )

315 South Plymouth Court
Chicago, IL 60604
United States

Eugene Goryunov

The John Marshall Law School ( email )

315 South Plymouth Court
Chicago, IL 60604
United States

Kirkland & Ellis LLP ( email )

Aon Center
200 East Randolph Drive
Chicago, IL 60601-6636
United States

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