HLS 19RS-446 ENGROSSED
2019 Regular Session
HOUSE BILL NO. 51
BY REPRESENTATIVE HUVAL
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
EVIDENCE: Provides relative to the admissibility of evidence for failure to wear a safety
belt
1 AN ACT
2To amend and reenact R.S. 32:295.1(E), relative to the requirement to wear safety belts
3 while operating a motor vehicle; to provide for the introduction of evidence of the
4 failure to wear a safety belt under certain circumstances; to provide for exceptions;
5 to provide that the failure to use a safety belt shall result in a reduction of damages;
6 and to provide for related matters.
7Be it enacted by the Legislature of Louisiana:
8 Section 1. R.S. 32:295.1(E) is hereby amended and reenacted to read as follows:
9 ยง295.1. Safety belt use; tags indicating exemption
10 * * *
11 E.(1) In any action to recover damages arising out of the ownership,
12 common maintenance, or operation of a motor vehicle, except when the operator or
13 passenger of the motor vehicle is under the age of sixteen years, failure to wear a
14 safety belt in violation of this Section shall not may be considered evidence of
15 comparative negligence. and damages, except when the tortfeaser is charged with a
16 violation of R.S. 14:98 or an ordinance of a political subdivision prohibiting
17 operation of any vehicle or means of transportation or conveyance while intoxicated,
18 impaired, or while under the influence of alcohol, drugs, or any controlled dangerous
19 substance. Failure to wear a safety belt in violation of this Section shall not be
20 admitted to mitigate damages.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 19RS-446 ENGROSSED
HB NO. 51
1 (2) If a party proves by a preponderance of the evidence that the injured
2 person failed to wear a safety belt in violation of this Section at the time the injury
3 occurred, any damages awarded to that person shall be reduced by twenty-five
4 percent of the total damages awarded to that person.
5 * * *
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 51 Engrossed 2019 Regular Session Huval
Abstract: Authorizes the introduction of evidence of failure to wear a safety belt in order
to establish both comparative negligence and damages, except in certain
circumstances.
Present law requires that each driver and passenger of a passenger car, van, sports utility
vehicle, or truck having a gross weight of 10,000 pounds or less, have a safety belt properly
fastened about his or her body at all times when the vehicle is in forward motion.
Present law provides certain exceptions to the present law requirement of wearing a seatbelt
under certain circumstances, including exceptions for cars, vans, sports utility vehicles, or
pickups manufactured prior to January 1, 1981, farm vehicles, rural letter carriers, utility
workers, and occupants with physical or mental disabilities.
Proposed law retains present law.
Present law provides that the failure to wear a safety belt in violation of present law shall not
be admitted to mitigate damages in any action to recover damages arising out of the
ownership, common maintenance, or operation of a motor vehicle, and that failure to wear
a safety belt in violation of present law shall not be considered evidence of comparative
negligence.
Proposed law changes present law by authorizing the introduction of evidence of failure to
wear a safety belt in order to establish both comparative negligence and damages, except
when the operator or passenger is under 16 years of age, or when the tortfeasor is charged
with a violation of the prohibition of operating a motor vehicle while intoxicated.
Proposed law requires that the total damages awarded to the injured person be reduced by
25% if a party proves by a preponderance of the evidence that the injured person failed to
wear a safety belt at the time the injury occurred.
(Amends R.S. 32:295.1(E))
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Civil Law and
Procedure to the original bill:
1. Add a provision requiring a 25% reduction in total damages awarded if a party
proves that the injured person failed to wear a safety belt.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.