2023 Wisconsin Statutes & Annotations
Chapter 904 - Evidence — relevancy and its limits.
904.07 - Subsequent remedial measures.
904.07 Subsequent remedial measures. 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 or proving a violation of s. 101.11.
History: Sup. Ct. Order, 59 Wis. 2d R1, R87 (1973).
Evidence of subsequent remedial measures by the mass producer of a defective product is admissible in a products liability case if the underlying policy of this section not to discourage corrective steps is not applicable. Chart v. General Motors Corp., 80 Wis. 2d 91, 258 N.W.2d 680 (1977).
Evidence of a remedial change was inadmissible when the defendant did not challenge the feasibility of the change. Krueger v. Tappan Co., 104 Wis. 2d 199, 311 N.W.2d 219 (Ct. App. 1981).
Although this section precludes admission of evidence of measures taken after an event if the evidence is used to prove negligence or culpable conduct, evidence of post-event remedial measures may be introduced in a case in which there are allegations of both negligence and strict liability. When a plaintiff asserts both strict liability and negligence and the evidence is not admissible under this section on the negligence theory but is admissible to prove strict liability, the defendant can request that the circuit court give an instruction limiting the evidence to the allegations of strict liability. D.L. v. Huebner, 110 Wis. 2d 581, 329 N.W.2d 890 (1983).
Evidence of subsequent remedial measures can be admitted under the impeachment exception when the evidence is presented to impeach specific witness testimony. Vanderventer v. Hyundai Motor America, 2022 WI App 56, 405 Wis. 2d 481, 983 N.W.2d 1, 20-1052.
