Legal Definitions - subsequent remedial measure

A subsequent remedial measure refers to an action taken after an incident, injury, or harmful event has occurred, which, if it had been implemented before the event, would have likely prevented or reduced the harm. In legal proceedings, evidence of such measures is generally not allowed in court to prove that someone was negligent (acted carelessly) or at fault.

The primary reason for this rule is to encourage individuals and organizations to make safety improvements without fear that their efforts to prevent future harm will be used against them in a lawsuit. However, this evidence can sometimes be admitted for other specific purposes, such as to show who owned or controlled a property, to demonstrate that a proposed safety improvement was actually possible, or to challenge a witness's testimony.

• Example 1: Product Redesign After Injury

  A manufacturer produces a popular children's bicycle. After several reports of children's fingers getting caught in a specific part of the chain guard, leading to injuries, the company redesigns the chain guard to fully enclose the moving parts. This redesign is a subsequent remedial measure. If a child's parent sues the manufacturer for negligence regarding the original design, the fact that the company later redesigned the chain guard would typically not be admissible in court to prove that the original design was negligent.

• Example 2: Installing Safety Features After a Fall

  A commercial building has a large, open lobby with a polished tile floor. A visitor slips and falls, sustaining an injury. Immediately after the incident, the building management installs non-slip mats in high-traffic areas and places prominent "Wet Floor" signs near entrances during inclement weather. These actions are subsequent remedial measures. If the injured visitor sues the building for negligence, the building's later installation of mats and signs generally cannot be used as evidence to prove that the building management was negligent for not having them in place at the time of the fall.

• Example 3: Workplace Safety Protocol Changes

  A construction company experiences an accident where a worker is injured due to a piece of scaffolding collapsing. Following an internal investigation, the company implements a new, more rigorous daily inspection protocol for all scaffolding structures and requires additional safety training for all crew members involved in assembly. These new protocols and training are subsequent remedial measures. In a lawsuit brought by the injured worker against the construction company, the implementation of these stricter safety measures would typically not be allowed as evidence to prove the company was negligent in its safety practices at the time of the accident.