Subsequent remedial measures

When measures are taken that would have made an earlier injury or harm less likely to occur, evidence of the subsequent measures is not admissible to prove: (1) Negligence; (2) Culpable conduct; (3) A defect in a product or its design; or (4) A need for a warning or instruction. But the court may admit this evidence for another purpose, such as impeachment or--if disputed--proving ownership, control, or the feasibility of precautionary measures. Source: SL 1979, ch 358 (Supreme Court Rule 78-2, Rule 407); SDCL § 19-12-9 ; SL 2016, ch 239 (Supreme Court Rule 15-29 ), eff. Jan. 1, 2016.