Following several injuries,a manufacturer of a chain saw installed an additional safety guard.In a lawsuit based on product liability,which of the following is the company's best position in opposition to a plaintiff's efforts to introduce evidence of the modification?
A) The modification was just recently designed.
B) The modification involved a subsequent remedial measure.
C) The company was not negligent.
D) There is no best position because it is well established that the evidence would be admitted.

Question

Quizplus · Accepted Answer

The best position for the company to take would be that the modification was a subsequent remedial measure taken to improve the safety of the product, and therefore any evidence of the modification should be excluded under the subsequent remedial measure rule. This rule prohibits the admission of evidence of subsequent remedial measures taken by a defendant after an accident or injury has occurred.

Following Several Injuries,a Manufacturer of a Chain Saw Installed an Additional