The plain language of Pa.R.E. 407 only restricts the introduction of remedial measures that are made after the occurrence of the injury or harm.

The Supreme Court upheld a ruling that evidence of design changes and reports of prior incidents introduced by the plaintiff were, in fact, admissible to the jury. "The unambiguous and plain language of Pa.R.E. 407 only restricts the introduction of remedial measures that are made after the occurrence of the injury or harm. Therefore, measures that are predetermined before a particular accident occurs are not 'remedial measures' under Pa.R.E. 407 because the measures are not intended to address the particular accident that gave rise to the harm."

Case Law Alert - 1st Quarter 2013