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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:. Rather, the rule provides that evidence of subsequent remedial measures is barred only when offered to prove negligence or culpable conduct.At the very least, defendants would delay any remedial measures until after litigation was complete. 90.407 Subsequent remedial measures. By taking remedial measures, the defendant is probably looking less blameworthy. Thus, we see the opposite effect; damages decrease. Texas personal injury attorney Michael Grossman explains why evidence of subsequent remedial measures is inadmissible in Texas courts. Federal Rule of Evidence 407 states: When, after an event, measures are taken which, if taken previously, would have made the event less likely to occur,. Federal Rule of Evidence 407 states: When, after an event, measures are taken which, if taken previously, would have made the event less likely to occur,. You also know that immediately after the incident, the entire catwalk system, wood beams and all, are changed out to steel.