Subsequent Remedial Measures · Settlement · Pleas (Rules 407-411)
Evidence · Lesson 10
Subsequent Remedial Measures · Settlement · Pleas (Rules 407-411)
這一課問的是：證據是否被 Rules 407/408/410/411 排除？
ActorActObjectStandardConsequence
Issue · what this lesson is really about
Is the evidence excluded by Rules 407, 408, 410, or 411?
這一課問的是：證據是否被 Rules 407/408/410/411 排除？
Trigger words & phrases that should flag this issue:
repairedfixedsettledpleainsurance
Core Terminology · 7 must-know
Tap a card to flip and reveal the meaning.
Rule 407
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Subsequent remedial measures inadmissible to prove negligence.
事後補救措施。
Rule 408
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Settlement negotiations and offers inadmissible to prove liability.
和解。
Rule 409
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Offer to pay medical expenses inadmissible.
醫療費。
Rule 410
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Plea negotiations and withdrawn pleas inadmissible.
認罪協商。
Rule 411
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Liability insurance inadmissible to prove negligence.
責任保險。
other purpose
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Each may be admissible for non-prohibited purposes.
其他目的可採。
Rule Sentence · the workhorse
Subsequent remedial measures (Rule 407), settlement offers (Rule 408), medical-payment offers (Rule 409), plea negotiations (Rule 410), and liability insurance (Rule 411) are each inadmissible to prove liability or fault, but may be admissible for other relevant purposes.
Sentence Anatomy · 5 roles, 5 colors
Every rule sentence breaks into five visual roles.
Actor 行為人party invoking exclusion援用排除之當事人
Act 行為moving to exclude聲請排除
Object 對象prior remedial/settlement/plea/insurance evidence事後補救/和解/認罪/保險
Standard 法律標準Rules 407-411Rules 407-411
Consequence 後果excluded for liability purposes就責任目的排除
Casebook Snapshot · a real American case
Tuer v. McDonald
Holding. A subsequent change in medical protocol following a patient's death was inadmissible under Rule 407 to prove negligence. The policy of encouraging safety improvements without fear of evidentiary use applies broadly.
Why it matters. Tuer reaffirms 407's strong public-policy purpose: don't punish people for improving their practices.
Tuer：事後改進政策不可為過失證據。
Common Mistakes · what trips students
✗ 和解 contributions 不可採。
✓ Rule 408 may bar.
Rule 408 可排除。
✗ post-accident repair 永遠不可採。
✓ Rule 407 carves multiple exceptions.
Rule 407 有多項例外。
Mini IRAC · build the Application
Issue. After P slips at D's store, D installs anti-slip mats. P seeks to introduce evidence of the mats to prove D was negligent in the prior absence. Admissible?
Rule. Under Rule 407, subsequent remedial measures are inadmissible to prove negligence.
Application (model). D installed anti-slip mats after P's fall, and P offers this to prove D was previously negligent. Because Rule 407 bars subsequent remedial measures from being used to prove negligence — to encourage safety improvements without fear of legal liability — the fact that D's installation is being offered to prove the underlying negligence means the evidence falls squarely within the rule's bar.
Pick the right element for each blank:
g1.
g2.
g3.
Conclusion. Therefore, the evidence is inadmissible under Rule 407.
MBE Check · multiple choice
During settlement negotiations, D's lawyer says, "We know we were at fault, but we'll only pay $50,000." P offers this admission at trial. Admissible?
Practice Drill · tap to build the rule
Drop the chips here in correct order:
Tap chips to add → tap chips in the target to remove: