You Now Know: Subsequent Remedial Repairs

Public policy can be a factor in gauging what evidence should be allowed in a trial.

For example, if I represent someone who has fallen on a rickety staircase, and since the injury the owner of the rickety staircase has made repairs to it, I cannot directly ask about these subsequent remedial repairs to prove that the staircase was defective in the first place. To do so would be against public policy, because the threat of litigation might keep the owner from tending to those necessary repairs for the safety of future guests.

However, the information about who made the subsequent remedial repairs can be used to prove who controlled the staircase.

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