context: Second, as noted, the soundness of Ault's focus on mass producers has been questioned, since the logic is premised on the projected behavior of large manufacturers, but the general rule of admissibility is extended to cases involving defendants of all character. Moreover, if the manner or scale of production were the guiding criterion and favored a liberalized rule of admissibility, it would follow that such rule should apply equally to negligence cases involving mass manufacturers.
citation_a.signal: see also
citation_a.identifier: 628 F.2d 858, 858
citation_a.parenthetical: asserting that an exception for mass producers could "effectively override Rule 407 since its reasoning that evidence of subsequent precautionary measures is admissible in products liability cases might apply with equal force to a negligence cause of action"
citation_a.sentence: See Hyjek, 944 P.2d at 1040 (indicating that the mass producer rationale is based in fallacy, since the argument has equal force in negligence actions); see also Werner, 628 F.2d at 858 (asserting that an exception for mass producers could “effectively override Rule 407 since its reasoning that evidence of subsequent precautionary measures is admissible in products liability cases might apply with equal force to a negligence cause of action”). Few jurisdictions, however, have eliminated the common law rule entirely.
citation_b.signal: see
citation_b.identifier: 944 P.2d 1040, 1040
citation_b.parenthetical: indicating that the mass producer rationale is based in fallacy, since the argument has equal force in negligence actions
citation_b.sentence: See Hyjek, 944 P.2d at 1040 (indicating that the mass producer rationale is based in fallacy, since the argument has equal force in negligence actions); see also Werner, 628 F.2d at 858 (asserting that an exception for mass producers could “effectively override Rule 407 since its reasoning that evidence of subsequent precautionary measures is admissible in products liability cases might apply with equal force to a negligence cause of action”). Few jurisdictions, however, have eliminated the common law rule entirely.