详情

原文传递 Legal Talk

题名：	Legal Talk
正文语种：	eng
作者：	DANIEL J. HOERNER
作者单位：	Mouledoux Bland Legrand & Brackett LLC.
摘要：	Lessons learned from an accident, injury or property damage loss, no matter how devastating, give you a chance to take steps to prevent similar incidents from happening again. Examples are changes in policy or practices, improvements or alterations to equipment, or repair and design changes to property. Fortunately, the law promotes proactive efforts if they improve safety and prevent an accident from reoccurring. The Federal Rules of Evidence and similar state laws add further incentive to take such corrective action by preventing such actions from being used against the responsible party. Generally, when steps are taken that would have reduced the chances of an earlier injury or loss, evidence of such "subsequent remedial measures" is not admissible to prove negligence or fault with respect to the accident giving rise to the change. The rationale behind this prohibition to potentially powerful and probative evidence is that public policy should encourage people to take steps to further enhance safety and mitigate future chances of harm or loss. Thus, fixing a condition or making a change to a place or thing cannot be interpreted as an admission that these were deficient prior to the change.
出版年：	2022
期刊名称：	Work Boat
卷：	79
期：	9
页码：	12-12