The rule limiting the admissibility of subsequent remedial measures does not apply to government-mandated remedial measures (such as involuntary product recalls).

Cf. United States v. Petrie, 302 F.3d 1280, 1287-1288 (11th Cir. 2002) (upholding trial court's exclusion of business records of B&L Securities [prepared by its secretary] because "the trustworthiness prong of Rule 803(6)....The hearsay exception for "business records" created by Federal Rule of Evidence 803(6) or a comparable State rule applies only (i) the record is based on the personal knowledge of an entrant with a business duty to record the event or other such matter or (ii) if the record of the event is based on the personal knowledge of a person who had a business duty to transmit the information about the event or other matter to the person or persons who made the record and had a business duty to do so. A person has a "business duty" if the person has a duty to an organization by reason of law, contract, employment relationship, or other such matter to record or report an event, condition, opinion, or other matter to which the business records exception to the hearsay rule may apply.

Mahone v. Lehman, 347 F.3d 1170, 1173-1174 (9th Cir. 2003) (holding, in plaintiff inmate's civil rights action against defendant prison officials, that the psychiatrist's opinion was inadmissible hearsay because the....Hearsay evidence is inadmissible.

United States v. Garcia Abreu, 342 F.3d 183, 190 (2d Cir. 2003) (upholding trial court's exclusion of statements of defendant's son about the brick of cocaine because "[t]he jury could not have drawn the inferences [of....Hearsay is a statement that (i) is made other than at the trial or proceeding at which it is offered and (ii) is offered to prove the truth of the matter asserted by the maker of the statement, the declarant.