HLS 20RS-546 ORIGINAL
2020 Regular Session
HOUSE BILL NO. 573
BY REPRESENTATIVE SEABAUGH
MTR VEHICLE/SEAT BELTS: Provides relative to evidence of failure to wear a safety
belt
1 AN ACT
2To amend and reenact R.S. 32:295.1(E), relative to safety belts in motor vehicles; to provide
3 for the introduction of evidence of failure to wear a safety belt; to prohibit recovery
4 for the first fifteen thousand dollars of damages; and to provide for related matters.
5Be it enacted by the Legislature of Louisiana:
6 Section 1. R.S. 32:295.1(E) is hereby amended and reenacted to read as follows:
7 ยง295.1. Safety belt use; tags indicating exemption
8 * * *
9 E.(1) In any action to recover damages arising out of the ownership,
10 common maintenance, or operation of a motor vehicle, failure to wear a safety belt
11 in violation of this Section shall not be considered evidence of comparative
12 negligence. Failure to wear a safety belt in violation of this Section shall not be
13 admitted to mitigate damages.
14 (2) There shall be no recovery for the first fifteen thousand dollars of
15 recovery of damages based on any cause or right of action arising out of a motor
16 vehicle accident, for such injury or damages occasioned by an owner or operator of
17 a motor vehicle involved in such accident who failed to wear a safety belt at the time
18 of the motor vehicle accident.
19 * * *
Page 1 of 2
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 20RS-546 ORIGINAL
HB NO. 573
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 573 Original 2020 Regular Session Seabaugh
Abstract: Provides for the introduction of evidence showing the tortfeasor's failure to wear
a safety belt and prohibits recovery of the first $15,000 in damages for failure to
wear a safety belt.
Present law prohibits the introduction of evidence of the tortfeasor's failure to wear a safety
belt.
Proposed law repeals present law insofar as to allow such evidence to be introduced to
mitigate damages or show comparative negligence.
Proposed law prohibits recovery of the first $15,000 in damages for failure to wear of safety
belt.
(Amends R.S. 32:295.1(E))
Page 2 of 2
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.