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

Repair Doctrine 1

D fixed hole

afterwards

D was negligent

If someone repairs something after incident, it is SML that it was

negligence not to repair it before the incident.

Forbidden Inference of Culpability from Repair?

YES

Repair Doctrine 2

D fixed hole

afterwards

D owned property

If someone repairs something after incident, it is SML that he or she

owned the property repaired

Forbidden Inference of Culpability from Repair?

No. Inference of ownership OK.

Repair Doctrine 3

D fixed hole

afterwards

D could have fixed

hole

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

Forbidden Inference of Culpability from Repair?

No. Inference of feasibility OK.

Repair Doctrine 4

D fixed hole

afterwards

There was a hole

If someone repairs a condition after incident, it is SML the condition

existed at the time of the incident.

Forbidden Inference of Culpability from Repair?

No. Inference of existence of condition OK.

Connecting Fact

No one has fallen since then

Repair Doctrine 5

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

the result.

Hole Caused the

Fall

Forbidden

Inference?

No

D Fixed Hole Afterwards Infere

nce

of

Causation

is OK