Florida Statutes
Fla. Stat. § 90.407 (2025)
Subsequent remedial measures.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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.
Notes of Decisions
Cited in 35
cases (3 in the last 5 years), 1981–2026 · leading case: Keller Indus. v. Volk, 657 So. 2d 1200 (Fla. 4th DCA 1995).
Keller Indus. v. Volk, 657 So. 2d 1200 (Fla. 4th DCA 1995). “Section 90.407, Florida Statutes (1991), provides: 90.”
Roseman v. Town Square Ass'n, Inc., 810 So. 2d 516 (Fla. 4th DCA 2002). “While evidence of subsequent remedial repairs may be admissible for impeachment purposes, see § 90.407, Fla. Stat. (1999), the trial court told Roseman that she could use the evidence to impeach the director's statement that he had reviewed his records and determined that no…”
Sikes v. Seaboard Coast Line R. Co., 429 So. 2d 1216 (Fla. 1st DCA 1983). “The rule of law barring admission of evidence on such basis is embodied in Section 90.407, Florida Statutes, which states: "Subsequent remedial measures.”
Thursby v. Reynolds Metals Co., 466 So. 2d 245 (Fla. 1st DCA 1985). “In Hartman , this court found that where subsequent remedial measures were *248 taken by a third party who was not a party to the litigation, the policy underlying the rule of exclusion now embodied in Section 90.407, Florida Statutes, was not offended.”
Johns-Manville Sales Corp. v. Janssens, 463 So. 2d 242 (Fla. 1st DCA 1984). “There is no merit in Johns-Manville's argument that the admission of the specific items of evidence violates the rule precluding evidence of subsequent remedial measures announced in the cited cases and presently codified in section 90.407, Florida Statutes. [9] In the first…”
Carnival Cruise Lines, Inc. v. Rosania, 546 So. 2d 736 (Fla. 3d DCA 1989). “In the present case, the testimony was admitted solely for the purpose of showing negligence on the part of the appellant and not to rebut a defense of contributory/comparative negligence.”
White Const. Co., Inc. v. Dupont, 455 So. 2d 1026 (Fla. 1984). “Section 90.407, Florida Statutes (1981) codifies this long-standing common law rule: Evidence of measures taken after an event, which measures if taken before it occurred would have made the event less likely to occur, is not admissible to prove negligence or culpable conduct in…”
Watson v. Builders Square, Inc., 563 So. 2d 721 (Fla. 4th DCA 1990). “407 The trial judge did not commit reversible error when, pursuant to Section 90.407, Florida Statutes (1989), she excluded the following deposition testimony of Gary Spardello offered by appellants: Q: Was there a chain or series of chains that was used to hold them [the metal…”
Benjamin v. Tandem Healthcare, Inc., 93 So. 3d 1076 (Fla. 4th DCA 2012). “First, it should be noted that Tandem did not assert section 90.407, Florida Statutes (2009), as a basis for exclusion of this proffered testimony.”
Del Monte Banana Co. v. Chacon, 466 So. 2d 1167 (Fla. 3d DCA 1985). “" See § 90.407, Fla. Stat. (1983). Some courts have held that evidence that an employee involved in an accident was later discharged is inadmissible to prove antecedent negligence.”
Walt Disney World Co. v. Blalock, 640 So. 2d 1156 (Fla. 5th DCA 1994). “00 in future medicals for the minor plaintiff after the age of eighteen years (he was fourteen at the time of trial and ,200.”
Voynar v. Butler Mfg. Co., 463 So. 2d 409 (Fla. 4th DCA 1985). “Section 90.407, Florida Statutes (1983), clearly makes such evidence inadmissible in negligence actions.”
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