Home
Menu
Call attorney Graham Syfert at 904-383-7448
Personal Injury Lawyer
Florida Statute 90.407 | Lawyer Caselaw & Research
F.S. 90.407 Case Law from Google Scholar
Statute is currently reporting as:
Link to State of Florida Official Statute Google Search for Amendments to 90.407

The 2023 Florida Statutes (including Special Session C)

Title VII
EVIDENCE
Chapter 90
EVIDENCE CODE
View Entire Chapter
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 from cite.case.law:

SANCHEZ, v. MIAMI- DADE COUNTY,, 245 So. 3d 933 (Fla. App. Ct. 2018)

. . . deposition transcript was filed without any ruling on that objection, apparently made under section 90.407 . . .

LEE COUNTY DEPARTMENT OF TRANSPORTATION, v. ISLAND WATER ASSOCIATION, INC., 218 So. 3d 974 (Fla. Dist. Ct. App. 2017)

. . . to the trial court that evidence of the subsequent remedial measures was inadmissible under section 90.407 . . . Section 90.407 provides as follows; Evidence of measures taken after an injury or harm caused by ,an . . . Lee County argues that the exception in section 90.407 applies because the evidence would be offered . . . See § 90.407. . . .

BENJAMIN, v. TANDEM HEALTHCARE, INC. a d b a a, 93 So. 3d 1076 (Fla. Dist. Ct. App. 2012)

. . . See § 90.407, Fla. . . . First, it should be noted that Tandem did not assert section 90.407, Florida Statutes (2009), as a basis . . . “Being more careful” may fall within the exclusionary basis pursuant to section 90.407, but it is not . . .

ROSEMAN, v. TOWN SQUARE ASSOCIATION, INC. a, 810 So. 2d 516 (Fla. Dist. Ct. App. 2001)

. . . While evidence of subsequent remedial repairs may be admissible for impeachment purposes, see § 90.407 . . . See § 90.407, Fla. Stat. (1999); Donahue v. . . . Section 90.407 states the rule “does not require the exclusion of evidence of subsequent remedial measures . . . Moreover, it is arguable that the evidence falls squarely into section 90.407’s prohibition of introducing . . .

In AMENDMENTS TO THE FLORIDA EVIDENCE CODE, 782 So. 2d 339 (Fla. 2000)

. . . , Florida Statutes, Interpreter services for deaf person); and 99-225, section 13 (amending section 90.407 . . .

GLANZBERG, v. H. KAUFFMAN, H. P. A. Co., 788 So. 2d 252 (Fla. Dist. Ct. App. 2000)

. . . See § 90.407, Fla, Stat. (1997) (amended in 1999). . . . conclusion that the evidence Glanzberg sought to admit was offered for a purpose prohibited under section 90.407 . . .

FLORIDA DEPARTMENT OF TRANSPORTATION, v. JULIANO,, 744 So. 2d 477 (Fla. Dist. Ct. App. 1999)

. . . evidence of subsequent remedial measures to the floor at the weigh station in violation of section 90.407 . . .

DAHARAN WELL TEXACO OIL CO. v. McFADDEN, Jr., 717 So. 2d 162 (Fla. Dist. Ct. App. 1998)

. . . Vistaview Apartments, Ltd., 613 So.2d 493, 495 (Fla. 3d DCA 1993); § 90.407, Fla. Stat. (1997). . . .

A. HARRIS, v. FLORIDA POWER LIGHT CO. a, 700 So. 2d 1240 (Fla. Dist. Ct. App. 1997)

. . . evidence constituted subsequent remedial measures and that it was inadmissible pursuant to section 90.407 . . . This type of evidence is inadmissible pursuant to section 90.407, Florida Statutes (1995). . . . Section 90.407, Florida Statutes (1995), provides as follows: Subsequent remedial measures. — Evidence . . .

BRANTLEY v. SNAPPER POWER EQUIPMENT, A DIVISION OF FUQUA INDUSTRIES, INC. s, 665 So. 2d 241 (Fla. Dist. Ct. App. 1995)

. . . The basis for the ruling was the claimed effect of section 90.407, Florida Statutes (1991), which precludes . . . Section 90.407 was invoked because the defective weld problem had been documented in notices, service . . . As the Fourth District has recently and squarely held, section 90.407 does not apply to the pre-accident . . . Assuming arguendo that section 90.407 were applicable here, the statute provides that "[e]vi-dence of . . .

KELLER INDUSTRIES, v. VOLK Jr., 657 So. 2d 1200 (Fla. Dist. Ct. App. 1995)

. . . Section 90.407, Florida Statutes (1991), provides: 90.407 Subsequent remedial measures. — Evidence of . . . Section 90.407 and part of Federal Rule of Evidence 407 are almost identical. Rule 407. . . . The Voynar court extended the application of section 90.407 and its “recognized exceptions” to strict . . . In the present case, the lawyers and trial court inserted section 90.407 into the case, then entered . . . Thus, the feasibility exception to section 90.407 may not be utilized. . . .

WALT DISNEY WORLD COMPANY, v. BLALOCK, a, 640 So. 2d 1156 (Fla. Dist. Ct. App. 1994)

. . . Parks, 89 Fla. 405, 104 So. 587 (Fla.1925); § 90.407, Fla.Stat. (1993). . . .

CURRIE, a v. PALM BEACH COUNTY,, 578 So. 2d 760 (Fla. Dist. Ct. App. 1991)

. . . wished to introduce evidence of these facts, which the Court ruled inad-missable pursuant to FLA.STAT. 90.407 . . .

MEHLER, v. FLORIDA KEYS ELECTRIC COOPERATIVE ASSOCIATES, INC., 576 So. 2d 1355 (Fla. Dist. Ct. App. 1991)

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

M. WATSON v. BUILDERS SQUARE, INC. a, 563 So. 2d 721 (Fla. Dist. Ct. App. 1990)

. . . F.S. 90.407 The trial judge did not commit reversible error when, pursuant to Section 90.407, Florida . . . IMPROPER IMPEACHMENT Even if admissible as an exception to section 90.407, as stated in Erp v. . . .

CARNIVAL CRUISE LINES, INC. v. ROSANIA, 546 So. 2d 736 (Fla. Dist. Ct. App. 1989)

. . . Hardy, 160 So.2d 535 (Fla. 1st DCA 1964); Section 90.407, Florida Statutes (1987). . . . This is contrary to Section 90.407, Florida Statutes (1987), and the cited cases. . . . It is certainly true that, in accordance with the familiar rule codified in section 90.407, Florida Statutes . . .

ALDERMAN, F. v. WYSONG MILES COMPANY, a, 486 So. 2d 673 (Fla. Dist. Ct. App. 1986)

. . . the rule prohibiting introduction of evidence of subsequent remedial measures, codified as Section 90.407 . . . accept appellant’s alternative contention that the evidence did not fall within the confines of Section 90.407 . . .

M CORPORATION- McGHAN MEDICAL REPORTS DIVISION, v. BROWN,, 475 So. 2d 994 (Fla. Dist. Ct. App. 1985)

. . . Section 90.407, Florida Statutes: Subsequent Remedial Measures — Evidence of measures taken after an . . .

DONAHUE, v. ALBERTSON S INC., 472 So. 2d 482 (Fla. Dist. Ct. App. 1985)

. . . incidents involved a showing of subsequent repairs, such evidence was not inadmissible under section 90.407 . . .

DEL MONTE BANANA COMPANY v. CHACON,, 466 So. 2d 1167 (Fla. Dist. Ct. App. 1985)

. . . See § 90.407, Fla.Stat. (1983). . . . (Fla. 2d DCA 1982), review denied, 431 So.2d 988 (Fla.), review denied, 431 So.2d 989 (Fla.1983); § 90.407 . . .

ASHCROFT, v. CALDER RACE COURSE, INC. a, 464 So. 2d 1250 (Fla. Dist. Ct. App. 1985)

. . . instruction limiting the scope of evidence of remedial measures taken by Calder subsequent to the incident, § 90.407 . . .

CRUZ, v. METROPOLITAN DADE COUNTY,, 462 So. 2d 1204 (Fla. Dist. Ct. App. 1985)

. . . Chapter 90.407, Florida Statutes (1983). . . .

VOYNAR, v. BUTLER MANUFACTURING COMPANY, a, 463 So. 2d 409 (Fla. Dist. Ct. App. 1985)

. . . Section 90.407, Florida Statutes (1983), clearly makes such evidence inadmissible in negligence actions . . . Unlike Section 90.407, Federal Rule 407 specifically states certain exceptions which can result in the . . .

THURSBY v. REYNOLDS METALS COMPANY, a a, 466 So. 2d 245 (Fla. Dist. Ct. App. 1984)

. . . not a party to the litigation, the policy underlying the rule of exclusion now embodied in Section 90.407 . . . In such circumstances, the policies advanced by Section 90.407 are not implicated because the evidence . . . Thus, the evidence was offered for a purpose for which its use is prohibited under Section 90.407, which . . . Section 90.407, Subsequent remedial measures: "Evidence of measures taken after an event, which measure . . .

JOHNS- MANVILLE SALES CORP. v. J. JANSSENS A., 463 So. 2d 242 (Fla. Dist. Ct. App. 1984)

. . . evidence of subsequent remedial measures announced in the cited cases and presently codified in section 90.407 . . . Section 90.407 reads: Evidence of measures taken after an event, which measures if taken before it occurred . . .

WHITE CONSTRUCTION CO. INC. v. DUPONT B., 455 So. 2d 1026 (Fla. 1984)

. . . Section 90.407, Florida Statutes (1981) codifies this long-standing common law rule: Evidence of measures . . .

SIKES, v. SEABOARD COAST LINE RAILROAD COMPANY, a, 429 So. 2d 1216 (Fla. Dist. Ct. App. 1983)

. . . The rule of law barring admission of evidence on such basis is embodied in Section 90.407, Florida Statutes . . . penalized for an attempt to prevent injuries to others, .... ” Law Revision Council Note-1976, 6B F.S.A. § 90.407 . . . Thus, we conclude that the lower court erred in applying the rule embodied in Section 90.407, because . . .

J. MURRAY v. ALMADEN VINEYARDS, INC., 429 So. 2d 24 (Fla. Dist. Ct. App. 1983)

. . . The court, relying on the subsequent remedial exclusionary rule, section 90.407, Florida Statutes (1981 . . .

ALLETT v. HILL,, 422 So. 2d 1047 (Fla. Dist. Ct. App. 1982)

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

REINHART, v. SEABOARD COAST LINE RAILROAD COMPANY, 422 So. 2d 41 (Fla. Dist. Ct. App. 1982)

. . . . § 90.407, Fla.Stat. (1981); Department of Transportation v. Webb. . . .

HARTMAN, v. OPELIKA MACHINE AND WELDING COMPANY, 414 So. 2d 1105 (Fla. Dist. Ct. App. 1982)

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

DEPARTMENT OF TRANSPORTATION, v. WEBB,, 409 So. 2d 1061 (Fla. Dist. Ct. App. 1981)

. . . We construe Section 90.407, which prohibits the admission of evidence of remedial measures “taken after . . .

PENSACOLA INN LIMITED, E. v. H. TUTHILL,, 404 So. 2d 1173 (Fla. Dist. Ct. App. 1981)

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