Rule 2:407.SUBSEQUENT REMEDIAL MEASURES (derived from Code § 8.01-418.1).
Part Two: Virginia Rules of Evidence · Last amended 2021 · Last verified July 16, 2026
Full Text of Rule 2:407
Plain-English Summary
Rule 2:407 protects a common instinct after something goes wrong: fixing the problem so it does not happen again. If a party introduced evidence that a defendant repaired a dangerous condition, changed a policy, or added a safety feature after an accident, and used that evidence to argue the defendant must have been negligent because it later took steps that would have prevented the harm, defendants would have an incentive to leave hazards uncorrected rather than create evidence against themselves. Rule 2:407 removes that evidence from the negligence or culpability inquiry entirely — it is not admissible to prove negligence or culpable conduct as the cause of the event that led to the subsequent measure.
The exclusion is narrow rather than total. The same evidence remains admissible when it is offered for a purpose other than proving fault — proof of ownership or control of the property or instrumentality involved, proof that a precautionary measure was feasible when the defendant has disputed feasibility, or impeachment of a witness whose testimony conflicts with the fact that the measure was taken. The rule does not hide the fact that a repair happened; it only keeps that fact from being used as an admission of prior fault.
Frequently Asked Questions
Can evidence that a defendant fixed something after an accident be used to prove negligence?
No. Rule 2:407 makes evidence of subsequent remedial measures inadmissible to prove negligence or culpable conduct as a cause of the event that prompted the measure.
Why does Virginia exclude evidence of post-accident repairs from the negligence question?
To avoid discouraging people from making things safer after an accident. If a repair could be used as proof the party was negligent beforehand, parties would have an incentive to leave hazards uncorrected rather than fix them and risk that evidence being used against them later.
Are there situations where evidence of a subsequent repair or policy change is still admissible?
Yes. Rule 2:407 allows the same evidence in when offered for another purpose, including proof of ownership or control, proof that a precautionary measure was feasible if the defendant has disputed feasibility, or impeachment.
Can subsequent remedial measures be used to impeach a witness?
Yes. Rule 2:407 lists impeachment as one of the permitted purposes for admitting evidence of a subsequent measure, even though the same evidence cannot be used to prove negligence.
Does Rule 2:407 apply only to physical repairs?
No. The rule covers any measure taken after an event that, if taken before the event, would have made the event less likely to occur — which can include policy changes, added warnings, or procedural changes, not only physical fixes.
Amendment History
Adopted and promulgated by Order dated June 1, 2012; effective July 1, 2012. Last amended by Order dated November 13, 2020; effective July 1, 2021.