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Does evidence code section 1151 bar admission of evidence of

Customer Question

Does evidence code section 1151 bar admission of evidence of subsequent remedial measures in a criminal case where the negligence at issue is not that of the party that instituted the measures?
Submitted: 3 years ago.
Category: Legal
Expert:  LawHelpNow replied 3 years ago.

My apologies for a technical issue that seems to be removing my original spacing. If the text of my message appears difficult to read and/or random numbers appear to have been inserted, I am sorry for any inconvenience. I have submitted a report to our system for handling. Thanks for your patience!

 

Thanks so much for choosing this forum to pose your important legal question. I will do my best to give you some honest and accurate guidance as I answer your question.

 

  1. I am a licensed attorney with criminal law and civil litigation experience. I will be glad to try and answer your question. I hope that the following information will be helpful to you, but please just write back if you have any follow-up questions or need clarification on anything after reviewing the following information.
  2. "Does evidence code section 1151 bar admission of evidence of subsequent remedial measures in a criminal case where the negligence at issue is not that of the party that instituted the measures?" Yes. Here are the reasons behind my answer. An action, for this purpose, refers to both civil and criminal cases. Furthermore, the traditional rule of strict construction is not applicable to this statutory provision. California Evidence Code § 105. Furthermore, the traditional rule of strict construction is not applicable to this statutory provision. California Evidence Code § 2. Additionally, the plain language of the provision focuses on the conduct (negligence or culpability) rather than the actor (defendant or third party). California Evidence Code § 1151. Finally, the very terms point to broad admissibility in civil and criminal cases (negligence = civil; culpability = criminal). The entire scheme of the evidentiary law would be frustrated were the answer to your question in the negative rather than in the affirmative.

  3. I hope that makes sense, but please do not hesitate to write back if needed. I shall be signing off soon to attend to some other professional obligations. Please rest assured, however, that I will be sure to check for any updated posts from you when I return to this online forum. I hope all works out for you.

 

I hope that this information has been helpful to you. If we can be of any further assistance please free to use our service again. Best wishes for a successful outcome.

 

If my answer has been helpful to you, please click "ACCEPT" so that I may be paid. This is the only way that I will receive compensation for the work performed. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done. Clicking "FEEDBACK" to leave your positive comments is always greatly appreciated.

 

The information provided is general in nature only and should not be construed as legal advice. By using this forum, you acknowledge that no attorney-client relationship has been created between you and Benjamin M. Burt, Jr., Esq. You should always consult with a lawyer in your state.

Customer: replied 3 years ago.
Thank you for your answer. I'd like to be more specific so I can be sure what you're saying applies. In my case, my client is charged with vehicular manslaughter for making a legal left turn. The client did not see a scooter approaching from the oncoming direction. The scooter rider hit the client's car and died. Subsequent to this and several other accidents in the area, the city changed the intersection to prevent the left turn the client made. The defense is that the intersection was dangerous because people making that turn did not have a clear view of oncoming traffic. I'd like to introduce the subsequent change to show that, along with my expert, the city's traffic engineer agreed that there was impeded visibility at the intersection. The prosecution is citing this section to keep it out. What do you think?
Expert:  LawHelpNow replied 3 years ago.

NOTE: My apologies for a technical issue that seems to be removing my original spacing. If the text of my message appears difficult to read and/or random numbers appear to have been inserted, I am sorry for any inconvenience. I have submitted a report to our system for handling. Thanks for your patience!

 

Hello again Counselor,

 

Thanks for writing back -- good to hear from you. I did not initially realize you were a attorney, so it is always an honor to have a fellow member of the Bar entrust an inquiry to me.

 

I do ask that you kindly press "Accept" to process my answer.

 

I will be glad to comment further -- please see below.

 

Yes, even in light of the additional fact pattern you have shared, I regret to say my answer remains unchanged. There are some strong public policy considerations at stake, and the "subsequent remedial measures" doctrine has become firmly established over the years. I am sorry to say that I would predict the Judge will side with the prosecution on this point. That being said, were I in your shoes I would be framing my argument around Constitutional grounds. More specifically, I would be making loud noises about the Due Process implications of allowing what without argument arose as a civil law device to prejudice your client's case. I think that a basic argument along the lines of..."A rule of evidence designed to encourage airlines and manufactures to act in a societally responsible manner should not be perverted to tie our hands at trial."

 

This is a very interesting case...I would be interested to learn the ultimate outcome on this point.

 

I hope that helps a bit more and that things work out properly for your client in this matter.

 

Take care and thanks again for choosing JustAnswer®!

 

[Please click "Accept" -- this is the only way I get paid for my work and services provided.]

LawHelpNow, Attorney/Lawyer
Category: Legal
Satisfied Customers: 7591
Experience: Relax. Let's work together. Practical solutions.
LawHelpNow and 15 other Legal Specialists are ready to help you
Customer: replied 3 years ago.
Thank you again. I accepted your answer. Your research jives with my own. I just wanted to make sure I covered all my bases. I appreciate the suggested arguments. We'll see how it goes. If you send me an email XXXXX@XXXXXX.XXX I'll let you know how it turns out. Take care
Expert:  LawHelpNow replied 3 years ago.

NOTE: My apologies for a technical issue that seems to be removing my original spacing. If the text of my message appears difficult to read, I am sorry for any inconvenience. I have submitted a report to our system for handling. Thanks for your patience!

 

Hello again Counselor,

 

Thanks for writing back -- good to hear from you.

 

You are quite welcome -- my pleasure to have been of service!

 

Many thanks for your payment and especially your kind words -- greatly appreciated!

 

Take care and thanks again for choosing JustAnswer®!

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