Evidence of subsequent remedial measures only restricts introduction of remedial measures taken after occurrence of injury/harm. Pa.R.E.407 does not bar admission of incident reports establishing knowledge of problem before occurrence of injury/harm.

Pa.R.E. 407, barring admission of evidence subsequent remedial measures, only restricts introduction of remedial measures taken after the occurrence of injury or harm. It does not restrict remedial measures taken before the incident at issue. Incident reports regarding similar model years with the same brake design as the allegedly defective design are admissible in a design defect action involving a parking brake failure. Reports involving incidents of brake failure due to other causes are not admissible since they are not substantially similar.

Case Law Alert - 1st Qtr 2012