When, after an event, measures are taken which, if taken previously, would have made an injury or harm allegedly caused by the event less likely to occur, evidence of the subsequent measures is not admissible to prove negligence, culpable conduct, a defect in a product, a defect in a product’s design, or a need for a warning or instruction. This rule does not require the exclusion of evidence of subsequent measures when offered for another purpose, such as proving ownership, control, or feasibility of precautionary measures, if controverted, or impeachment.
Effective: May 31, 2006

Terms Used In Kentucky Rules of Evidence 407

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Impeachment: (1) The process of calling something into question, as in "impeaching the testimony of a witness." (2) The constitutional process whereby the House of Representatives may "impeach" (accuse of misconduct) high officers of the federal government for trial in the Senate.

History: Enacted 1990 Ky. Acts ch. 88, sec. 17; amended 1992 Ky. Acts ch. 324, sec.
6; renumbered (7/1/92) pursuant to 1992 Ky. Acts ch. 324, sec. 34; amended May 31,
2006, Supreme Court of Kentucky Order 2006-06.