context: Accordingly, the feasibility exception has not been applied where a defendant merely suggests that an original design is acceptable, or argues about tradeoffs involved in taking precautionary measures. Where, however, a defendant's evidence and arguments are framed in categorical terms, are presented in the form of superlatives, or, more generally, upset the balance of fairness that Rule 407 seeks to maintain, courts have found the exceptions applicable.
citation_a.signal: cf.
citation_a.identifier: 774 F.2d 1309, 1313-14
citation_a.parenthetical: allowing admission of evidence of modifications to a rifle's safety mechanism for impeachment, where the manufacturer's representative repeatedly characterized the original mechanism as the safest possible
citation_a.sentence: See, e.g., Wood, 70 F.3d at 1208 (holding that, where the defendant’s expert described the product design using superlatives, namely, the “safest [design] you could possibly put on the machine,” the plaintiff should have been permitted to impeach the expert by inquiring why the safest design possible was modified following the plaintiff’s accident); cf. Muzyka v. Remington Arms Co., 774 F.2d 1309, 1313-14 (5th Cir.1985) (allowing admission of evidence of modifications to a rifle’s safety mechanism for impeachment, where the manufacturer’s representative repeatedly characterized the original mechanism as the safest possible).
citation_b.signal: see
citation_b.identifier: 70 F.3d 1208, 1208
citation_b.parenthetical: holding that, where the defendant's expert described the product design using superlatives, namely, the "safest [design] you could possibly put on the machine," the plaintiff should have been permitted to impeach the expert by inquiring why the safest design possible was modified following the plaintiff's accident
citation_b.sentence: See, e.g., Wood, 70 F.3d at 1208 (holding that, where the defendant’s expert described the product design using superlatives, namely, the “safest [design] you could possibly put on the machine,” the plaintiff should have been permitted to impeach the expert by inquiring why the safest design possible was modified following the plaintiff’s accident); cf. Muzyka v. Remington Arms Co., 774 F.2d 1309, 1313-14 (5th Cir.1985) (allowing admission of evidence of modifications to a rifle’s safety mechanism for impeachment, where the manufacturer’s representative repeatedly characterized the original mechanism as the safest possible).