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Admissibility of Subsequent Remedial Measures: Bad Law Lurking in the 10th Circuit

Although not a part of every product liability case, if the product manufacturer makes "subsequent remedial measures" after the injury-causing event, a motion in limine seeking to exclude this evidence at trial is a must. There is a tremendous risk that the jury will irrationally assume that a product was defective when sold, and that the manufacturer was negligent for supplying such a product, simply because the manufacturer made changes to the product after the accident.

23 minute read November 05, 2004 at 10:54 AM
By
Nathan Davis
Admissibility of Subsequent Remedial Measures: Bad Law Lurking in the 10th Circuit

Although not a part of every product liability case, if the product manufacturer makes “subsequent remedial measures” after the injury-causing event, a motion in limine seeking to exclude this evidence at trial is a must.

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