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Evidence of Post-Accident Repairs Permitted
The Third Circuit has ruled that under Federal Rule of Evidence 407, a plaintiff who sues only the manufacturer is permitted to introduce evidence of “subsequent remedial measures” taken by the product's owner. Typically, such evidence is not admissible under Rule 407, so juries do not view these remedial measures as admissions of liability, but the Third Circuit ruled that this risk is not an issue if the remedial measures are taken by a nonparty. Sell v. Ingersoll-Rand Co., No. 04-1965 (June 29).
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