Bar Exam — MBE (Multistate Bar Exam)EvidenceEasy
A plaintiff sues a bicycle manufacturer for injuries sustained when the bicycle's brakes failed. The plaintiff alleges a design defect. After the accident but before the trial, the manufacturer redesigned the brake system to include an additional safety mechanism. The plaintiff seeks to introduce evidence of this redesign. Is this evidence admissible?
- ANo, because subsequent remedial measures are generally inadmissible to prove negligence or a defect.
- BNo, because the redesign occurred after the accident.
- CYes, to prove the manufacturer's knowledge of the defect.
- DYes, to prove the feasibility of precautionary measures.
Show answer & explanationAnswer & explanation
Correct answer: A. No, because subsequent remedial measures are generally inadmissible to prove negligence or a defect.
FRE 407 generally prohibits the admission of subsequent remedial measures to prove negligence, culpable conduct, a defect in a product or its design, or a need for a warning or instruction. The primary purpose is to encourage repairs.
Why the other options are wrong
- B. The timing (after the accident) is precisely why the rule exists, but it's not the full legal reason for inadmissibility.
- C. Knowledge is an exception, but it must be controverted (disputed) by the defendant, which is not stated in the facts.
- D. Feasibility is an exception, but it must be controverted (disputed) by the defendant, which is not stated in the facts.
Subsequent Remedial Measures (FRE 407)
Evidence of measures taken after an injury or harm, which would have made the injury or harm less likely to occur, is not admissible to prove negligence, culpable conduct, a defect in a product or its design, or a need for a warning or instruction.
- Applies to product liability, negligence, and other actions.
- Purpose is to encourage repairs and safety improvements.
- Exceptions exist for proving ownership, control, or the feasibility of precautionary measures, if controverted, or impeachment.
Memory trick: Some Evidence Rules EXCLUDE, Even If Relevant.