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 Reengrossed 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.
(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.
The House Floor Amendments to the engrossed bill: 1. Remove a provision requiring a 25% reduction in total damages awarded if a party
proves that the injured person failed to wear a safety belt.