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Who Knew? Admissibility Of Subsequent Remedial Measures When Defendants Are Without Knowledge Of The Injuries, Mark G. Boyko, Ryan G. Vacca
Who Knew? Admissibility Of Subsequent Remedial Measures When Defendants Are Without Knowledge Of The Injuries, Mark G. Boyko, Ryan G. Vacca
Law Faculty Scholarship
Federal Rule of Evidence 407 prohibits the introduction of subsequent remedial measures for the purposes of demonstrating negligence, culpable conduct, or product defect. But the rule breaks down, in application and purpose, when a defendant undertakes the new safety measure after the plaintiff's injury, but before the defendant had knowledge of the loss. Such a situation is not uncommon. Would-be defendants frequently improve their products and product safety for a variety of reasons. Toxic exposure cases, where exposure often predates diagnosis of the injury by a decade or more, represent a prime example of cases where defendants are likely to …
Review Of: Ralph L. Barnett & Steven R. Schmid, Safeguard Evaluation Protocol - A Decision Tree For Standardizing, Optionalizing, Prohibiting, Ignoring, Enhancing Or Characterizing Safeguards (Triodyne Inc., 1995), Suzanne A. Sprunger
RISK: Health, Safety & Environment (1990-2002)
Review of: Ralph L. Barnett & Steven R. Schmid, Safeguard Evaluation Protocol - A Decision Tree for Standardizing, Optionalizing, Prohibiting, Ignoring, Enhancing or Characterizing Safeguards (Triodyne Inc., 1995). Figures, references, table. ISSN 1041-9489. [14 pp. $25.00. 5950 W. Touhy, Niles, IL 60714.]
Book Review, Scott D. Rothenberger
Book Review, Scott D. Rothenberger
RISK: Health, Safety & Environment (1990-2002)
Review of: FRED BLOSSER, PRIMER ON OCCUPATIONAL SAFETY AND HEALTH. (The Bureau of National Affairs, Inc. 1992) [374 pp.] Appendices (e.g., forms, OSHA Inspection Procedures, OSHA/EPA Memorandum of Understanding, statute), glossary, index, preface, table of cases. LC 91-43769; ISBN 0-87179-741-0. [$46.00 paper. 1250 23d Street, NW, Ste. 300B; Washington DC 20037.]
The Supreme Court As Risk Manager: An Analysis Of Skinner, Todd F. Volyn, James F. Mogan, Lisa M. White
The Supreme Court As Risk Manager: An Analysis Of Skinner, Todd F. Volyn, James F. Mogan, Lisa M. White
RISK: Health, Safety & Environment (1990-2002)
Examining a recent case in which the U.S. Supreme Court approved the collection of blood and urine samples from railroad employees, the authors conclude that, in attempting to improve railroad safety, both majority and minority opinions reflected undue emphasis on technical issues and inadequate attention to the intangible social values underlying traditional Constitutional rights to privacy.
Risk And Value Judgments: A Case Study Of The Poison Prevention Packaging Act, William E. Hilton
Risk And Value Judgments: A Case Study Of The Poison Prevention Packaging Act, William E. Hilton
RISK: Health, Safety & Environment (1990-2002)
Mr. Hilton attempts to show why important choices presented in current proposals to amend child-resistant packaging regulations are fundamentally normative. He then argues that these choices should not be obscured by the technical issues.