Subsequent remedial measures, including physical repairs.

Fed. R. Evid. 801(c) (""Hearsay" is a statement, other than one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted.").If some human utterance has legal significance under applicable substantive law and the utterance is offered to establish that a verbal act having such legal significance has taken place, the utterance is not hearsay under Federal Rule of Evidence 801(c) or a "statement" for purposes of Federal Rule of Evidence 801(a)(2) even if the utterance also contains an assertion or appears to contain an an assertion.

United States v. Johnson, 354 F. Supp. 2d 939, 975 (N.D. Iowa 2005) (misdemeanor conviction of witness for indecent exposure; court's succinct discussion demonstrates the failure of three separate theories of admissibility of evidence about this act for impeachment: "Evidence of a felony conviction is...A party has a right to impeach a witness with a conviction for a crime involving dishonesty or false statement. The crime shall be considered a crime of dishonesty or false statement if and only if it readily can be determined that establishing the elements of the crime required proof or admission of an act of dishonesty or false statement by the witness.

United States v. Reed, 227 F.3d 763, 768 (7th Cir. 2000) (upholding trial court's ruling to admit Simmons's prior testimony because (a) he was unavailable; and (b) "while the second trial initially included charges....The hearsay exception for prior testimony applies in a criminal trial or proceeding only if the prior testimony was given against the person who is now the defendant in the criminal proceeding or trial.