Recalls may be voluntary or agency-mandated. Admissibility varies, with some courts excluding recalls as subsequent remedial measures and others admitting them for notice, feasibility, or impeachment.
The purpose of the offer determines admissibility.
Alternative Names:
Product Recall Evidence, Recall Admissibility
Why it Matters?
The subsequent remedial measures rule bars recall evidence offered to prove defect but permits it for other purposes including feasibility of an alternative design and notice of the hazard, which are the framings plaintiffs use. Contesting feasibility invites the evidence, which is a reason to concede feasibility and argue the alternative was not required. Recalls postdating the plaintiff's injury raise the clearest exclusion argument.
Frequently Confused with
Related terms
Frequently asked questions
Is recall evidence admissible?
How is admission avoided?
