Rule 407 Subsequent Remedial Measures

If someone gets hurt or something goes wrong, and the person or company involved fixes the problem afterward, that fix generally can't be used as proof that they were careless or at fault in the first place. For example, if a store puts up a new warning sign after a customer slips and falls, the injured person can't point to that new sign in court as proof the store was negligent before the accident.

The idea behind this rule is to encourage people and businesses to make things safer without fear that doing so will be used against them in a lawsuit. If companies worried that every safety improvement could be used as evidence of past wrongdoing, they might avoid making things safer at all.

There are some exceptions, though. Evidence of a later fix can still be used for other reasons besides proving fault. For example, it might be used to show who owned or controlled the property, to prove that a safety fix was actually possible if the other side claims it wasn't, or to challenge a witness who says something different on the stand.