1. You can’t admit evidence that shows a company changed a design or added a warning after an accident happened; means after a plaintiff’s injury; inadmissible to show subsequent culpable conduct other than negligence or culpability
    1. Examples
      1. i.    Tylenol Scareà manufactures changed the way pain medicine was packaged; you could not show manf. Improvement
      2. ii.    Little boy fell off a balcony and then apt. Complex improved the balcony
      3. iii.    Stihl chainsaw Co.à someone was hurt then improved product
      4. iv.    Hilton Suitesà winding staircase and carpet that make you dizzy
    2. Exceptions (when you can use subsequent remedial measures)
      1. i.    Ownership/Control (Hibbs case)à slip an fall in Lebanon on some steps in the winter time; where steps were covered with ice; major dispute arose as to who had control over the premises: duty to keep the steps clear; plaintiff wants to put in statement of employee of the defendant that plaintiff claims had the duty; came in as agent admission; offered to show that the employee said that we need to get the ice up or someone is going to get hurt; used to show the defendant had a duty
      2. ii.    Feasibility of precautionary measures; claimed to be not feasible to put a protective screening on a vehicleà evidence to show that it would be feasible; the plaintiff was allowed to show that he defendant did in fact place the screening on the windshield of the logging vehicleà has to be in controversy
      3. iii.    Impeachmentà
        1. Expert witnesses who tries to tell the jury there is no way to make a safer product; shoe that the defendant took subsequent remedial measures
        2. Skiing accidentà skier his rock outcropping that said it was clear visible, they were able to show that warning signs were put up later
        3. Peep holes/chain locks at hotelsà defendant tried to say that this was pointless security, then they could show that they later put them in
        4. Photographs freely admissible as long as you can put someone on the stand with familiarity of the scene and said the photograph was accurate; relevant in this area because sometimes they come in and incidentally show subsequent remedial measure (403 may be your only way to keep it out under probative value test)
      4. iv.    Punitive Damages (TN)à Bifurcated trial:  Hodges v. S.C. Toofà person promoted and then fired for serving on a jury; sued for tort or retaliatory discharge; states have made some safeguards to keep jury from running away on damages
        1. First you decide legal issue and actual damages (Subsequent remedial measures inadmissible)
        2. Then, you decide how much for punitive damagesà subsequent remedial measures are admissible here and if you have it you must present it