Florida Statute 90.407 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title VII
EVIDENCE

Chapter 90
EVIDENCE CODE

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F.S. 90.407

90.407 Subsequent remedial measures.—Evidence of measures taken after an injury or harm caused by an event, which measures if taken before the event would have made injury or harm less likely to occur, is not admissible to prove negligence, the existence of a product defect, or culpable conduct in connection with the event. This rule does not require the exclusion of evidence of subsequent remedial measures when offered for another purpose, such as proving ownership, control, or the feasibility of precautionary measures, if controverted, or impeachment.

History.—s. 1, ch. 76-237; s. 1, ch. 77-77; s. 1, ch. 77-174; s. 22, ch. 78-361; s. 1, ch. 78-379; s. 13, ch. 99-225.

F.S. 90.407 on Google Scholar

F.S. 90.407 on Casetext

Amendments to 90.407

Arrestable Offenses / Crimes under Fla. Stat. 90.407

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 90.407.

Annotations, Discussions, Cases:

Cases Citing Statute 90.407

Total Results: 20

FREDERICK JOHNSON v. WAL-MART STORES EAST, LP, A FOREIGN LIMITED PARTNERSHIP

Court: Fla. Dist. Ct. App. | Date Filed: 2024-04-12T00:00:00-07:00

Snippet: subsequent remedial measures after an accident, see § 90.407, Fla. Stat. (2023), it likewise doesn’t impose

Sanchez v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2018-04-25T00:53:00-07:00

Snippet: on that objection, apparently made under section 90.407, Florida Statutes (2014). Recognizing the exceptions

Lee County Department of Transportation v. The Island Water Association, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2017-04-19T00:00:00-07:00

Citation: 218 So. 3d 974, 2017 WL 1403359, 2017 Fla. App. LEXIS 5307

Snippet: remedial measures was inadmissible under section 90.407, Florida Statutes (2015), because the purpose of…show negligence or culpable conduct. Section 90.407 provides as follows; Evidence of measures …Lee County argues that the exception in section 90.407 applies because the evidence would be offered to…measures would be admissible for impeachment. See § 90.407. Conclusion We reverse the final summary

Benjamin v. Tandem Healthcare, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2012-06-27T00:00:00-07:00

Citation: 93 So. 3d 1076, 2012 WL 2400880, 2012 Fla. App. LEXIS 10488

Snippet: taken by Tandem and was properly excluded. See § 90.407, Fla. Stat. (2009) (“Evidence of measures taken

Roseman v. Town Square Ass'n, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2002-03-12T23:53:00-08:00

Citation: 810 So. 2d 516

Snippet: may be admissible for impeachment purposes, see § 90.407, Fla. Stat. (1999), the trial court told Roseman… Therefore, it should have been admitted. See § 90.407, Fla. Stat. (1999); Donahue v. Albertson's,… made the injury less likely to occur). Section 90.407 states the rule "does not require the exclusion…arguable that the evidence falls squarely into section 90.407's prohibition of introducing subsequent repairs

In Re Amendments to Fla. Evidence Code

Court: Fla. | Date Filed: 2000-10-26T00:53:00-07:00

Citation: 782 So. 2d 339

Snippet: person); and 99-225, section 13 (amending section 90.407, Florida Statutes, Subsequent remedial measures

Glanzberg v. Kauffman

Court: Fla. Dist. Ct. App. | Date Filed: 2000-08-02T00:53:00-07:00

Citation: 788 So. 2d 252

Snippet: to prove negligence or culpable conduct. See § 90.407, Fla. Stat. (1997) (amended in 1999). Glanzberg… offered for a purpose prohibited under section 90.407. See Thursby v. Reynolds Metals Co., 466 So.2d

Florida Department of Transportation v. Juliano

Court: Fla. Dist. Ct. App. | Date Filed: 1999-09-08T00:00:00-07:00

Citation: 744 So. 2d 477, 1999 Fla. App. LEXIS 12064, 1999 WL 707887

Snippet: floor at the weigh station in violation of section 90.407, Florida Statutes (1991). We disagree. Given the

Daharan Well Texaco Oil Co. v. McFadden

Court: Fla. Dist. Ct. App. | Date Filed: 1998-09-16T00:00:00-07:00

Citation: 717 So. 2d 162, 1998 Fla. App. LEXIS 11668, 1998 WL 617611

Snippet: Ltd., 613 So.2d 493, 495 (Fla. 3d DCA 1993); § 90.407, Fla. Stat. (1997). We need not consider plaintiffs

Harris v. Florida Power & Light Co.

Court: Fla. Dist. Ct. App. | Date Filed: 1997-10-15T00:00:00-07:00

Citation: 700 So. 2d 1240, 1997 Fla. App. LEXIS 11591, 1997 WL 631256

Snippet: and that it was inadmissible pursuant to section 90.407, Florida Statutes (1995).1 The trial proceeded,…of evidence is inadmissible pursuant to section 90.407, Florida Statutes (1995). See White Constr. Co.… the plaintiff lack merit. Affirmed. . Section 90.407, Florida Statutes (1995), provides as follows:

Brantley v. Snapper Power Equipment

Court: Fla. Dist. Ct. App. | Date Filed: 1995-09-06T00:53:00-07:00

Citation: 665 So. 2d 241

Snippet: for the ruling was the claimed effect of section 90.407, Florida Statutes (1991), which precludes evidence…remedial measures" in a negligence case. Section 90.407 was invoked because the defective weld problem …District has recently and squarely held, section 90.407 does not apply to the pre-accident evidence involved… to answer. [2] Assuming arguendo that section 90.407 were applicable here, the statute provides that

Keller Industries v. Volk

Court: Fla. Dist. Ct. App. | Date Filed: 1995-06-21T00:00:00-07:00

Citation: 657 So. 2d 1200

Snippet: occur until 1986. Section 90.407, Florida Statutes (1991), provides: 90.407 Subsequent remedial measures…of section 90.407. In the present case, the lawyers and trial court inserted section 90.407 into the case… the accident is the "event." Section 90.407 and part of Federal Rule of Evidence 407 are almost…court explained: In a negligence action, section 90.407, Florida Statutes (1988), clearly prohibits use…Voynar court extended the application of section 90.407 and its "recognized exceptions" to strict

Walt Disney World Co. v. Blalock

Court: Fla. Dist. Ct. App. | Date Filed: 1994-07-01T00:53:00-07:00

Citation: 640 So. 2d 1156

Snippet: Parks, 89 Fla. 405, 104 So. 587 (Fla. 1925); § 90.407, Fla. Stat. (1993). The prejudice of the cumulative

Currie v. Palm Beach County

Court: Fla. Dist. Ct. App. | Date Filed: 1991-04-02T23:53:00-08:00

Citation: 578 So. 2d 760

Snippet: Court ruled inadmissable pursuant to FLA. STAT. 90.407 as a subsequent remedial measure. Unlike the defense… 1st DCA 1984). In a negligence action, section 90.407, Florida Statutes (1988), clearly prohibits use

Rydzewski v. Rydzewski

Court: Fla. Dist. Ct. App. | Date Filed: 1991-04-02T00:00:00-08:00

Citation: 577 So. 2d 672, 1991 Fla. App. LEXIS 2929, 1991 WL 45205

Snippet: IN PART; REMANDED WITH DIRECTIONS. No. 90-407 District Court of Appeal of Florida fladistctapp

Mehler v. Florida Keys Electric Cooperative Associates, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 1991-04-02T00:00:00-08:00

Citation: 576 So. 2d 1355, 1991 Fla. App. LEXIS 2912

Snippet: Rosania, 546 So.2d 736, 738 (Fla. 3d DCA 1989); § 90.407, Fla.Stat. (1987), and did not, as urged, qualify

Ago

Court: Fla. Att'y Gen. | Date Filed: 1991-03-12T23:53:00-08:00

Snippet: Florida, as amended by Chs. 78-620, 86-411, 87-525, 90-407, and 90-414, Laws of Florida. 6 See, AGO 78-84

Watson v. Builders Square, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 1990-07-11T00:53:00-07:00

Citation: 563 So. 2d 721

Snippet: F.S. 90.407 The trial judge did not commit reversible error when, pursuant to Section 90.407, Florida…IMPEACHMENT Even if admissible as an exception to section 90.407, as stated in Erp v. Carroll, 438 So.2d 31, 39

Carnival Cruise Lines, Inc. v. Rosania

Court: Fla. Dist. Ct. App. | Date Filed: 1989-06-06T00:53:00-07:00

Citation: 546 So. 2d 736

Snippet: Hardy, 160 So.2d 535 (Fla. 1st DCA 1964); Section 90.407, Florida Statutes (1987). The appellee herein contends…482 (N.D.Cal. 1988). This is contrary to Section 90.407, Florida Statutes (1987), and the cited cases. …accordance with the familiar rule codified in section 90.407, Florida Statutes (1987), so-called remedial measures

Alderman v. Wysong & Miles Co.

Court: Fla. Dist. Ct. App. | Date Filed: 1986-04-09T23:53:00-08:00

Citation: 486 So. 2d 673

Snippet: subsequent remedial measures, codified as Section 90.407, Florida Statutes (1983), applies to strict product…evidence did not fall within the confines of Section 90.407, there was no abuse of discretion by the trial