McFarland v. Bruno Machinery Corp.

The primary issue in this case is whether the proscriptions of Evid.R. 407 apply to an action which alleges that a product is defective in design or formulation.2 More specifically, we are asked to determine whether the rule applies to a products liability claim grounded upon the theory of strict liability in tort.

Evid.R. 407, entitled “Subsequent Remedial Measures,” 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 in…