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 55 Engrossed 2020 First Extraordinary Session Mike Johnson
Abstract: Authorizes the introduction of evidence for failure to wear a safety belt in order to
establish comparative negligence or to mitigate damages.
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 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 providing for the introduction of evidence of failure to wear
a safety belt in order to establish comparative negligence, causation, and the mitigation of damage.
Proposed law provides that the evidence for failure to wear a safety belt may be used as an
affirmative defense.
(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. Provide that failure to wear a safety belt may be used as an affirmative defense.
2. Remove proposed law provision which superseded Section 6 of Senate Bill No. 418 of
the 2020 Regular Session.