§ 13.01 Introduction

• Jurisdiction: United States

§ 13.01 Introduction

Suppose a sink hole develops overnight in front of a store, and the plaintiff falls into the hole and is injured. The store owners then fill in the hole. Plaintiff sues and wants to introduce evidence about the repair, arguing that it tends to show an implied admission of negligence on the part of the owners. Should the evidence be admissible?

Known as the "repair rule" at common law, Federal Rule 407 governs the admissibility of evidence regarding subsequent remedial measures. As discussed below, the phrase "subsequent remedial measure" is broader than...