19-19-407. Subsequent remedial measures.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:(1)Negligence;(2)Culpable conduct;(3)A defect in a product or its design; or(4)A need for a warning or instruction.But the court may admit this evidence for another purpose, such as impeachment or--if disputed--proving ownership, control, or the feasibility of precautionary measures. Source: SL 1979, ch 358 (Supreme Court Rule 78-2, Rule 407); SDCL §19-12-9; SL 2016, ch 239 (Supreme Court Rule 15-29), eff. Jan. 1, 2016.
South Dakota Legal Code