SB 822 – Allows evidence of failure to wear a seatbelt to prove comparative negligence or to mitigate damages

• Sponsor: Hegeman
• LR Number: 4242S.02C
• Committee: Transportation, Infrastructure and Public Safety
• Last Action: 5/18/2018 - Informal Calendar S Bills for Perfection--SB 822-Hegeman, with SCS & SS for SCS (pending)
• Title: SCS SB 822
• Effective Date: August 28, 2018

Current Bill Summary

SS/SCS/SB 822 - Under current law in any civil action to recover damages, failure to wear a safety belt is not allowed as evidence of comparative negligence, but may be introduced to mitigate damages. This act provides that in actions arising out the design, construction, manufacture, distribution, or sale of a passenger car, failure to wear a safety belt by the plaintiff may be admissible for any purpose.

The act also changes the definition of the term "passenger car" to mean every motor vehicle designed for carrying fifteen persons or less, rather than ten persons or less.

This act is identical to HCS/HB 1264 (2018) and similar to SB 321 (2017) and to provisions in SCS/SB 1102 (2018).

JESSI BAKER