What are "subsequent remedial measures" in the context of New York civil procedure?

Study for the NYLE Civil Practice and Procedure Test. Prepare with multiple choice questions and detailed explanations. Ace your exam with confidence!

"Subsequent remedial measures" refer to actions taken after an incident has occurred in order to prevent similar events from happening in the future. In the context of New York civil procedure, these measures are often considered inadmissible as evidence in court. This is rooted in the idea that allowing such evidence could discourage people from making improvements or taking safety measures after an incident, as they might fear that doing so could be construed as an admission of liability.

The rationale behind the inadmissibility of subsequent remedial measures is that the law aims to encourage individuals and organizations to enhance safety and prevent future harm without the worry that their efforts to remedy a situation could be used against them in a legal setting. Therefore, while parties may have taken steps to rectify a situation or improve safety, those actions typically cannot be presented as evidence to establish fault or negligence for the incident that initially gave rise to the litigation.

Subscribe

Get the latest from Examzify

You can unsubscribe at any time. Read our privacy policy