Rule 407. Subsequent remedial measures
Source:
Section 40.185 — Rule 407. Subsequent remedial measures, https://www.oregonlegislature.gov/bills_laws/ors/ors040.html
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Notes of Decisions
Evidence of remedial measures taken by manufacturer to correct warning label before accident occurred is admissible. Hackett v. Alco Standard Co., 71 Or App 24, 691 P2d 142 (1984), Sup Ct review denied
This rule does not exclude evidence of change of language of warning sign after accident as change would not have made accident less likely to occur and no evidence indicated change was caused by accident. Van Gordon v. PGE, 298 Or 497, 693 P2d 1285 (1985)
This section applies to strict liability cases as well as negligence cases. Krause v. American Aerolights, 307 Or 52, 762 P2d 1011 (1988)
Investigation and report concerning cause of event are not excludable as remedial measures because they are not capable of having been taken prior to event. Ensign v. Marion County, 140 Or App 114, 914 P2d 5 (1996)
Law Review Citations
68 OLR 235 (1989)