Del. R. Evid. 407

As amended through November 4, 2021
Rule 407 - Subsequent Remedial Measures

When measures are taken that would have made an earlier injury or harm less likely to occur, evidence of the subsequent measures is not admissible to prove:

· negligence;

· culpable conduct;

· a defect in a product or its design; or

· a need for a warning or instruction.

But the court may admit this evidence for another purpose, such as impeachment or - if disputed - proving ownership, control, or the feasibility of precautionary measures.

Del. R. Evid. 407

Amended November 28, 2017, effective January 1, 2018.

Comment

D.R.E. 407 tracks F.R.E. 407.

D.R.E. 407 was amended in 2017 in response to the 2011 restyling of the Federal Rules of Evidence. The amendment is intended to be stylistic only. The pre-2017 "Comment" to D.R.E. 407 was revised only as necessary to reflect the 2017 amendments. There is no intent to change any result in ruling on evidence admissibility.