Seat belts-evidence in civil actions.

WORKING DRAFT
2009
STATE OF
WYOMING
09LSO-0192

HOUSE BILL
NO.
HB0077

Seat belts-evidence in civil actions.

Sponsored by:
Representative(s) Stubson, Berger and Landon and Senator(s) Case

A BILL

for

AN ACT relating to
the regulation of traffic on highways
and civil actions
; allowing a person's failure to wear a safety belt to be admissible evidence in civil actions;
and providing for an effective date.

Be It Enacted by the Legislature of the State of
Wyoming
:

Section 1.
W.S. 31
‑
5
‑
1402
(f)
is amended to read:

31
‑
5
‑
1402.

Safety belts required to be used; exceptions; reduction in fine.

(f)

Evidence of a person's failure to wear a safety belt as required by this act shall not be admissible in any civil action
in this state to prove or disprove
the issue of
comparative fault under W.S. 1
‑
1
‑
109, but may be introduced into evidence in mitigation of damages, provided the party introducing the evidence has plead such failure to wear a safety belt as an affirmative defense. Each party seeking to offer evidence of a failure to wear a safety belt has the burden of proving that a safety belt was not in use, that use of a safety belt would have reduced injuries and the extent to which use of a safety belt would have reduced injuries
.

Section 2.

This act is effective July 1, 2009.

(END)

1
HB0077