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Rule 407: The Repair Doctrine. Repair Doctrine. Change which would have made injury-causing event less likely Made after the injury Offered to prove Negligence Other culpable conduct Including defect or lack of warning Examples. Forbidden Inference of Culpability from Repair?. YES.

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repair doctrine
Repair Doctrine
  • Change which would have made injury-causing event less likely
  • Made after the injury
  • Offered to prove
    • Negligence
    • Other culpable conduct
    • Including defect or lack of warning
  • Examples
repair doctrine 1

Forbidden Inference of Culpability from Repair?

YES

Repair Doctrine 1

If someone repairs something after incident, it is SML that it was negligence not to repair it before the incident.

D fixed hole afterwards

D was negligent

repair doctrine 2

Forbidden Inference of Culpability from Repair?

No. Inference of ownership OK.

Repair Doctrine 2

If someone repairs something after incident, it is SML that he or she owned the property repaired

D fixed hole afterwards

D owned property

repair doctrine 3

Forbidden Inference of Culpability from Repair?

No. Inference of feasibility OK.

Repair Doctrine 3

If someone repairs something after incident, it is SML that it was possible to repair it before.

D fixed hole afterwards

D could have fixed hole

repair doctrine 4

Forbidden Inference of Culpability from Repair?

No. Inference of existence of condition OK.

Repair Doctrine 4

If someone repairs a condition after incident, it is SML the condition existed at the time of the incident.

D fixed hole afterwards

There was a hole

repair doctrine 5
Repair Doctrine 5

If changing a condition changes a result, it is SML that the condition caused the result.

Connecting Fact

No one has fallen since then

Inference of Causation is OK

Forbidden

Inference?

No

Hole Caused the Fall

D Fixed Hole Afterwards