This project examines the law relating to the admission of post-accident remedial measures as evidence of negligence. The law now permits post-accident remedial measures to be admitted in litigation as evidence of negligence. The current scheme may discourage people from taking steps to ensure that future accidents do not occur, in order to avoid having such measures used as evidence against them. To avoid this outcome, this project considers enacting a more restrictive test for admission of such evidence.
Keywords: civil litigation, evidence, rules of evidence, admissible evidence, post-accident remedial measures, exclusion of evidence, Evidence Act, liability, torts, accidents & injuries, complaints against public bodies
