Florida Statute 90.407 - Full Text and Legal Analysis

The 2025 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.

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Amendments to 90.407

Annotations, Discussions, Cases:

Cases Citing Statute 90.407

Total Results: 33

White Const. Co., Inc. v. Dupont

455 So. 2d 1026

Supreme Court of Florida | Filed: Jul 26, 1984 | Docket: 1316561

Cited 79 times | Published

v. Parks, 89 Fla. 405, 104 So. 587 (1925). Section 90.407, Florida Statutes (1981) codifies this long-standing

Johns-Manville Sales Corp. v. Janssens

463 So. 2d 242

District Court of Appeal of Florida | Filed: Sep 26, 1984 | Docket: 448935

Cited 54 times | Published

in the cited cases and presently codified in section 90.407, Florida Statutes.[9] In the first place, the

Walt Disney World Co. v. Blalock

640 So. 2d 1156, 1994 WL 287830

District Court of Appeal of Florida | Filed: Jul 1, 1994 | Docket: 1371146

Cited 28 times | Published

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

Sikes v. Seaboard Coast Line R. Co.

429 So. 2d 1216

District Court of Appeal of Florida | Filed: Mar 9, 1983 | Docket: 1667487

Cited 25 times | Published

admission of evidence on such basis is embodied in Section 90.407, Florida Statutes, which states: "Subsequent

3-M Corp.-McGhan Med. Reports v. Brown

475 So. 2d 994, 10 Fla. L. Weekly 2199

District Court of Appeal of Florida | Filed: Sep 19, 1985 | Docket: 1301861

Cited 18 times | Published

than his testimony. [footnotes omitted] [2] Section 90.407, Florida Statutes: Subsequent Remedial Measures

In Re Amendments to Fla. Evidence Code

782 So. 2d 339, 25 Fla. L. Weekly Supp. 909, 2000 Fla. LEXIS 2043, 2000 WL 1587794

Supreme Court of Florida | Filed: Oct 26, 2000 | Docket: 456391

Cited 14 times | Published

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

Watson v. Builders Square, Inc.

563 So. 2d 721, 1990 WL 67303

District Court of Appeal of Florida | Filed: Jul 11, 1990 | Docket: 1281759

Cited 14 times | Published

reasons. F.S. 90.407 The trial judge did not commit reversible error when, pursuant to Section 90.407, Florida

Reinhart v. Seaboard Coast Line R. Co.

422 So. 2d 41

District Court of Appeal of Florida | Filed: Oct 15, 1982 | Docket: 1739866

Cited 14 times | Published

after an injury are not admissible in evidence. § 90.407, Fla. Stat. (1981); Department of Transportation

Department of Transp. v. Webb

409 So. 2d 1061

District Court of Appeal of Florida | Filed: Nov 17, 1981 | Docket: 623297

Cited 14 times | Published

before the accident in question. We construe Section 90.407, which prohibits the admission of evidence

Keller Industries v. Volk

657 So. 2d 1200, 1995 WL 366343

District Court of Appeal of Florida | Filed: Jun 21, 1995 | Docket: 463961

Cited 12 times | Published

but the accident did not occur until 1986. Section 90.407, Florida Statutes (1991), provides: 90.407

Carnival Cruise Lines, Inc. v. Rosania

546 So. 2d 736, 1989 A.M.C. 2308, 14 Fla. L. Weekly 1365, 1989 Fla. App. LEXIS 3211, 1989 WL 59548

District Court of Appeal of Florida | Filed: Jun 6, 1989 | Docket: 1442205

Cited 12 times | Published

Hardy, 160 So.2d 535 (Fla. 1st DCA 1964); Section 90.407, Florida Statutes (1987). The appellee herein

Del Monte Banana Co. v. Chacon

466 So. 2d 1167, 10 Fla. L. Weekly 882

District Court of Appeal of Florida | Filed: Apr 2, 1985 | Docket: 1525003

Cited 10 times | Published

dealt with a "subsequent remedial measure." See § 90.407, Fla. Stat. (1983). Some courts have held that

Hartman v. OPELIKA MACH. & WELDING

414 So. 2d 1105

District Court of Appeal of Florida | Filed: May 28, 1982 | Docket: 1707006

Cited 9 times | Published

160 So.2d 535 (Fla. 1st DCA 1964), and see Section 90.407, Florida Statutes (Supp. 1980), "Subsequent

Currie v. Palm Beach County

578 So. 2d 760, 1991 WL 45544

District Court of Appeal of Florida | Filed: Apr 3, 1991 | Docket: 1525249

Cited 8 times | Published

the Court ruled inadmissable pursuant to FLA. STAT. 90.407 as a subsequent remedial measure. Unlike the

Alderman v. Wysong & Miles Co.

486 So. 2d 673, 11 Fla. L. Weekly 865

District Court of Appeal of Florida | Filed: Apr 10, 1986 | Docket: 1714117

Cited 8 times | Published

of subsequent remedial measures, codified as Section 90.407, Florida Statutes (1983), applies to strict

Voynar v. Butler Mfg. Co.

463 So. 2d 409, 10 Fla. L. Weekly 269

District Court of Appeal of Florida | Filed: Jan 30, 1985 | Docket: 338925

Cited 8 times | Published

negligence action or the strict liability action. Section 90.407, Florida Statutes (1983), clearly makes such

Thursby v. Reynolds Metals Co.

466 So. 2d 245

District Court of Appeal of Florida | Filed: Mar 6, 1985 | Docket: 438442

Cited 7 times | Published

underlying the rule of exclusion now embodied in Section 90.407, Florida Statutes, was not offended.[4] The

Allett v. Hill

422 So. 2d 1047

District Court of Appeal of Florida | Filed: Dec 1, 1982 | Docket: 1739948

Cited 6 times | Published

court refused to give the instruction, from Section 90.407, Florida Statutes (1981) which provides: Evidence

Benjamin v. Tandem Healthcare, Inc.

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

District Court of Appeal of Florida | Filed: Jun 27, 2012 | Docket: 60310426

Cited 5 times | Published

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

Ashcroft v. Calder Race Course, Inc.

464 So. 2d 1250, 10 Fla. L. Weekly 466

District Court of Appeal of Florida | Filed: Feb 19, 1985 | Docket: 1661174

Cited 4 times | Published

measures taken by Calder subsequent to the incident, § 90.407, Fla. Stat. (1979). Although I agree that the

Murray v. Almaden Vineyards, Inc.

429 So. 2d 24

District Court of Appeal of Florida | Filed: Feb 4, 1983 | Docket: 1667542

Cited 4 times | Published

the subsequent remedial exclusionary rule, section 90.407, Florida Statutes (1981), did not permit its

Donahue v. Albertson's Inc.

472 So. 2d 482, 10 Fla. L. Weekly 1377, 1985 Fla. App. LEXIS 14904

District Court of Appeal of Florida | Filed: Jun 5, 1985 | Docket: 1792825

Cited 3 times | Published

repairs, such evidence was not inadmissible under section 90.407, Florida Statutes (1983), because neither repair

Pensacola Inn Ltd. v. Tuthill

404 So. 2d 1173

District Court of Appeal of Florida | Filed: Oct 22, 1981 | Docket: 1782325

Cited 2 times | Published

rule is found in the Florida Evidence Code, Section 90.407: Subsequent remedial measures. Evidence of

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

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

District Court of Appeal of Florida | Filed: Apr 19, 2017 | Docket: 4820241

Cited 1 times | Published

subsequent remedial measures was inadmissible under section 90.407, Florida Statutes (2015), because the purpose

Glanzberg v. Kauffman

788 So. 2d 252, 2000 WL 1060494

District Court of Appeal of Florida | Filed: Aug 2, 2000 | Docket: 1685164

Cited 1 times | Published

admissible to prove negligence or culpable conduct. See § 90.407, Fla. Stat. (1997) (amended in 1999). Glanzberg

Brantley v. Snapper Power Equipment

665 So. 2d 241, 1995 WL 521121

District Court of Appeal of Florida | Filed: Sep 6, 1995 | Docket: 1351995

Cited 1 times | Published

basis for the ruling was the claimed effect of section 90.407, Florida Statutes (1991), which precludes evidence

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

District Court of Appeal of Florida | Filed: Apr 12, 2024 | Docket: 68431397

Published

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

Sanchez v. State

245 So. 3d 933

District Court of Appeal of Florida | Filed: Apr 25, 2018 | Docket: 6374994

Published

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

Roseman v. Town Square Ass'n, Inc.

810 So. 2d 516, 2001 WL 1540505

District Court of Appeal of Florida | Filed: Mar 13, 2002 | Docket: 1654792

Published

may be admissible for impeachment purposes, see § 90.407, Fla. Stat. (1999), the trial court told Roseman

Florida Department of Transportation v. Juliano

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

District Court of Appeal of Florida | Filed: Sep 8, 1999 | Docket: 64792042

Published

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

Daharan Well Texaco Oil Co. v. McFadden

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

District Court of Appeal of Florida | Filed: Sep 16, 1998 | Docket: 64782675

Published

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.

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

District Court of Appeal of Florida | Filed: Oct 15, 1997 | Docket: 64776378

Published

measures and that it was inadmissible pursuant to section 90.407, Florida Statutes (1995).1 The trial proceeded

Mehler v. Florida Keys Electric Cooperative Associates, Inc.

576 So. 2d 1355, 1991 Fla. App. LEXIS 2912, 1991 WL 45208

District Court of Appeal of Florida | Filed: Apr 2, 1991 | Docket: 64657580

Published

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