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As a matter of public policy, evidence of post accident remedial measures is not admissible to prove negligence, strict liability or culpable conduct. Oregon statutes are instructive. OEC 407 provides: 'When, after an event, measures are taken which, if taken previously, would have made the event less likely to occur, evidence of the subsequent measures is not admissible to prove negligence or culpable conduct in connection with the event. This section 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.' 


The legislature, in adopting the rule for negligence cases, rested the acceptance of the doctrine of exclusion on three grounds. [A] subsequent remedial measure is not in fact an admission, because such conduct is also consistent with injury by mere accident or by operation of contributory negligence. The second policy ground for exclusion of evidence under OEC 407 as set forth by the Oregon legislature in its commentary 'is a social policy of encouraging people to take, or at least not discouraging them from taking, steps in furtherance of added safety.' As noted by the legislative comment, ...

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