§ 13.06 REQUIRED REMEDIAL MEASURES

• Jurisdiction: United States

§ 13.06. REQUIRED REMEDIAL MEASURES

Some courts have held that Rule 407 does not apply when a subsequent remedial measure is required by a governmental authority. Because the party's conduct is mandatory, the policy of encouraging voluntary remedial action is not implicated.¹⁷ This does not mean, however, that admissibility is automatically permissible; remedial measures required by the government are of doubtful relevance as an implied admission and the evidence may be excluded under Rule 403.

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Notes:

^[17] See O'Dell v. Hercules Inc., 904 F.2d 1194, 1204 (8th Cir. 1990) ("An exception to Rule 407 is recognized for evidence of remedial action mandated by superior governmental authority because the policy goal of encouraging remediation would not necessarily be furthered by exclusion of such evidence."); In re Aircrash in Bali, Indonesia, 871 F.2d 812, 817 (9th Cir...