Tripl3Espresso wrote: sd5289 wrote:
Re. the 75%+ comment above: no. And I'm only in the low 70s on a couple of subjects (Torts & Crim).
Question for all those who have done Evidence. I just hit a PQ that I cannot
figure out. It's on subsequent remedial measures, specifically in product liability.
- [+] Spoiler
- Here's the question:
A boat owner initiated a products liability action against the manufacturer of the boat’s engine. The owner alleged that the engine manufacturer failed to warn the owner about the proper operation of a switch on the engine, and that improper operation of the switch caused the owner’s injuries. The boat owner offered evidence that the manufacturer had begun including a written warning for the switch for all boats manufactured beginning in the year after the owner’s boat was manufactured. The owner had owned his boat for five years prior to his injury.
The correct answer was: "Yes, because the manufacturer began providing the warning before the boat owner’s accident."
The incorrect answer that I chose was: "No, because evidence of the manufacturer’s warning is inadmissible as a remedial measure."
I guess I'm either just tired or am missing something. Which is it? Cause it really looks like evidence of a subsequent remedial measure to me.
I remember doing this question:
- [+] Spoiler
- I was stuck between both of those answers and guessed because of language of the correct response (that seems to be the trick with a lot of the practice MBE's). As i understand, the subsequent remedial measure would not be admissible if it is added after the injury. The correct answer says it was done "before" the owner's accident when they were all manufactured that year. Hope this clarifies the answer choice.
Ohhhhhhh, so you're accepting the answer choices (at least, the facts that they assert) as true?! I went back and forth on these two answers as well, but was relying on just the facts in the fact pattern to answer, i.e. coming on the conclusion that the remedial measures took place after
the accident. UGH.
Also, fuck the best evidence rule. Themis: "yeah it's almost never the right answer." PQ's: "if you didn't choose best evidence rule you got it wrong sucker."
ETA: @always_raining, ah that helps a lot. Thanks! So it's if the remedial measure is basically taken in response
to the accident (i.e. after the accident occurs and they know about the accident), then it's inadmissible, yes?