Evidence Code § 1151 – Exclusion of Evidence of Remedial Measures
Free Consultation Request
Evidence Code § 1151 – Exclusion of Evidence of Remedial Measures
California Law
Evidence Code – EVID
DIVISION 5. BURDEN OF PROOF; BURDEN OF PRODUCING EVIDENCE; PRESUMPTIONS AND INFERENCES [500 – 670]
( Division 5 enacted by Stats. 1965, Ch. 299. )
CHAPTER 3. Presumptions and Inferences [600 – 670]
( Chapter 3 enacted by Stats. 1965, Ch. 299. )
ARTICLE 4. Presumptions Affecting the Burden of Proof [660 – 670]
( Article 4 enacted by Stats. 1965, Ch. 299. )
1151.
When, after the occurrence of an event, remedial or precautionary measures are taken, which, if taken previously, would have tended to make the event less likely to occur, evidence of such subsequent measures is inadmissible to prove negligence or culpable conduct in connection with the event.
(Enacted by Stats. 1965, Ch. 299.)
California Law Summary
This statute prohibits the admission of evidence of repairs, improvements, or safety measures taken after an injury or accident to prove negligence or culpable conduct by a defendant.
Purpose
To encourage individuals and organizations to make safety improvements without fear that those actions will later be used against them in court as an admission of fault.
Application
In premises liability, product defect, or auto accident cases, § 1151 prevents a plaintiff from introducing evidence that a defendant repaired a hazard, redesigned a product, or changed safety policies after the incident to prove negligence. However, such evidence may be admissible for other purposes, such as:
Proving ownership or control,
Feasibility of precautionary measures,
Or to impeach testimony.
