Neb. Rev. Stat. » Chapter 27
Nebraska Revised Statutes

Neb. Rev. Stat. § 27-407 (2026)

Rule 407. Subsequent remedial measures

✓ current as of July 2026
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When, after an event, measures are taken which, if taken previously, would have made the event less likely to occur, evidence of the subsequent measures is not admissible to prove negligence or culpable conduct in connection with the event. This rule does not require the exclusion of evidence of subsequent measures when offered for another purpose, such as proving ownership, control, or feasibility of precautionary measures, if controverted, or impeachment. Negligence or culpable conduct, as used in this rule, shall include, but not be limited to, the manufacture or sale of a defective product.

Notes of Decisions
Cited in 12 cases, 1979–2020 · leading case: Smith v. Colorado Organ Recovery Sys., Inc., 694 N.W.2d 610 (Neb. 2005).
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Smith v. Colorado Organ Recovery Sys., Inc., 694 N.W.2d 610 (Neb. 2005). · cites it 4× “This evidence was excluded pursuant to Neb. Rev. Stat. § 27-407 (Reissue 1995), which provides in relevant part: When, after an event, measures are taken which, if taken previously, would have made the event less likely to occur, evidence of the subsequent measures is not…”
O'Brien v. Cessna Aircraft Co., 298 Neb. 109 (Neb. 2017). · cites it 2× “Cessna moved in limine to exclude evidence of the postaccident design changes as a subsequent remedial measure under Neb. Rev. Stat. § 27-407 (Reissue 2016). The court sustained Cessna’s motion, but indicated it would revisit the admissibility of the design change evidence…”
Rahmig v. Mosley Mach. Co., 412 N.W.2d 56 (Neb. 1987). · cites it 2× “407 *445 ( Neb. Rev. Stat. § 27-407 (Reissue 1985)), which provides: When, after an event, measures are taken which, if taken previously, would have made the event less likely to occur, evidence of the subsequent measures is not admissible to prove negligence or culpable conduct…”
McDermott v. Platte Cnty. Agric. Soc'y, 515 N.W.2d 121 (Neb. 1994). · cites it 5× “Neb. Rev. Stat. § 27-407 (Reissue 1989) provides in part: When, after an event, measures are taken which, if taken previously, would have made the event less likely to occur, evidence of the subsequent measures is not admissible to prove negligence or culpable conduct in…”
Houston v. Metrovision, Inc., 677 N.W.2d 139 (Neb. 2004). · cites it 3× “Under Neb. Rev. Stat. § 27-407 (Reissue 1995), evidence of subsequent remedial measures is not admissible to prove negligence or culpable conduct.”
Hoover v. Burlington N. R.R., 559 N.W.2d 729 (Neb. 1997). · cites it 2× “Rule 407 provides in relevant part: “When, after an event, measures are taken which, if taken previously, would have made the event less likely to occur, evidence of the subsequent measures is not admissible to prove negligence or culpable conduct in connection with the event.”…”
Wollenhaupt v. Andersen Fire Equip. Co., 440 N.W.2d 447 (Neb. 1989). · cites it 2× “Neb. Rev. Stat. § 27-407 (Reissue 1985) provides in relevant part: When, after an event, measures are taken which, if taken previously, would have made the event less likely to occur, evidence of the subsequent measures is not admissible to prove negligence or culpable conduct…”
Grenada Steel Indus., Inc. v. Alabama Oxygen Co., Inc. & Sherwood-Selpac Corp., 695 F.2d 883 (5th Cir. 1983). “Neb.Rev.Stat. § 27-407 is identical to the federal rule, but adds at the end: “Negligence or culpable conduct, as used in this rule, shall include, but not be limited to, the manufacture and sale of a defective product.”
Kurz v. Dinklage Feed Yard, Inc., 286 N.W.2d 257 (Neb. 1979). · cites it 4× “Under section 27-407, R. R. S. 1943, evidence of subsequent measures is admissible to show “feasibility of precautionary measures, if controverted.”
Hallmark v. Allied Prods. Corp., 646 P.2d 319 (Ariz. Ct. App. 1982). “5 . The Arizona legislature has addressed this issue in A.”
Walker v. BNSF Ry. Co., 306 Neb. 559 (Neb. 2020). · cites it 9× “At trial, BNSF made objections to Bridges’ testimony based both on the rules related to hearsay and on the prohibition against introduction of subsequent remedial measures, the lat- ter of which is contained in Neb. Rev. Stat. § 27-407 (Reissue 2016). Those rules are set forth…”
Herndon v. Seven Bar Flying Serv., Inc., 716 F.2d 1322 (10th Cir. 1983). “§ 12-686(a) and Neb.Rev.Stat. § 27-407 (which expressly forbid admitting evidence to prove defects against product manufacturers).”
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