Subsequent remedial measures
Applied in 1 court decision — leading case Mahmoudi v. City of Spearfish (2025)
Most recently applied in Mahmoudi v. City of Spearfish (August 2025)
Source: SL 1979, ch 358 (Supreme Court Rule 78-2, Rule 407); SDCL § 19-12-9; SL 2016, ch 239 (Supreme Court Rule 15-29), eff
When measures are taken that would have made an earlier injury or harm less likely to occur, evidence of the subsequent measures is not admissible to prove:
(1) Negligence;
(2) Culpable conduct;
(3) A defect in a product or its design; or
(4) A need for a warning or instruction.
But the court may admit this evidence for another purpose, such as impeachment or--if disputed--proving ownership, control, or the feasibility of precautionary measures.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.