Missouri Court of Appeals Joins Majority of Federal Courts in Holding the Prohibition Against Evidence of Subsequent Remedial Measures Does Not Extend to Measures Taken by Non-Parties


In a matter of first impression, the Missouri Court of Appeals for the Eastern District has held the exclusionary rule barring evidence of subsequent remedial measures does not apply when the remedial measure was implemented by a non-party. According to the Court, because evidence of remedial measures taken by a non-party will not expose that party to liability, the non-party will not be discouraged from taking the remedial measure and the public policy in favor of safety improvements - which is the policy driving the subsequent remedial measures exclusionary rule - will be satisfied.

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