LRB-5462/1
TAY:skg&kaf:kat
1995 - 1996 LEGISLATURE
February 29, 1996 - Introduced by Representatives Green, Klusman, Kelso,
Underheim, Seratti, Albers, Hasenohrl and Grothman, cosponsored by
Senators Huelsman, Cowles, Drzewiecki and
Petak. Referred to Committee
on Judiciary.
AB973,1,3
1An Act to amend 904.07 of the statutes;
relating to: inadmissibility of
2subsequent remedial measures as evidence of violation of an employer's duty
3to furnish safe employment and place.
Analysis by the Legislative Reference Bureau
Under current law, if measures are taken after an event that, had they been
taken previously, would have made the event less likely to occur, evidence of the
subsequent remedial measures is not admissible to prove negligence or culpable
conduct in connection with the event. Current law permits evidence of remedial
measures to be used to prove a violation of an employer's duty to furnish a safe place
and safe employment. This bill prohibits the use of evidence of remedial measures
to prove a violation of the employer's duty to furnish a safe place and safe
employment.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB973, s. 1
4Section
1. 904.07 of the statutes is amended to read:
AB973,2,3
5904.07 Subsequent remedial measures. When, after an event, measures
6are taken which, if taken previously, would have made the event less likely to occur,
7evidence of the subsequent measures is not admissible to prove negligence or
8culpable conduct in connection with the event
or to prove a violation of s. 101.11. This
9section does not require the exclusion of evidence of subsequent measures when
1offered for another purpose, such as proving ownership, control, or feasibility of
2precautionary measures, if controverted, or impeachment
or proving a violation of
3s. 101.11.
