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IN HB1011
Bill
Status
1/6/2015
Primary Sponsor
Gerald Torr
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AI Summary
HB 1011 Summary
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Repeals IC 9-19-10-7, which previously protected individuals from liability for failing to comply with safety belt and child passenger restraint system laws.
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Eliminates the prohibition on admitting evidence of safety belt non-compliance in civil actions to mitigate damages, except in product liability cases involving motor vehicle restraint systems.
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Repeals IC 9-19-11-8, which previously stated that failure to comply with passenger restraint requirements does not constitute contributory negligence.
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In product liability actions involving restraint systems, defendants may present evidence of non-compliance but bear the burden of proving the non-compliance and that compliance would have reduced injuries.
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Effective date: July 1, 2015.
Legislative Description
Passenger restraint systems. Repeals: (1) provisions specifying that failure to comply with the laws concerning safety belt and child passenger restraint system use does not constitute fault or contributory negligence; and (2) a prohibition against the admission of evidence of failure to comply with the law concerning safety belt use in civil actions to mitigate damages.
Last Action
First Reading: referred to Committee on Judiciary
1/6/2015