LRB-0345/1
ZDW:amn
2023 - 2024 LEGISLATURE
2023 ASSEMBLY BILL 81
February 28, 2023 - Introduced by Representatives SPIROS, GREEN and NEDWESKI,
cosponsored by Senators JAMES, MARKLEIN and FEYEN. Referred to Committee
on Judiciary.
***AUTHORS SUBJECT TO CHANGE***
AN ACT to amend 347.48 (2m) (g) of the statutes; relating to: recovery of
damages for failure to wear a safety belt.
Analysis by the Legislative Reference Bureau
This bill eliminates the cap on the amount that recovery for injuries or damages
may be reduced for failure to wear a safety belt.
Under current law, evidence of whether an individual complied with the
requirement to wear a safety belt for the operator of the motor vehicle and passengers
is admissible in a civil action for injuries or damages resulting from the use or
operation of a motor vehicle. If the individual failed to wear a safety belt, the recovery
for injuries or damages may be reduced by the amount determined to be caused by
the failure to wear a safety belt, but the reduction may not be more than 15 percent.
The bill allows the reduction in recovery but eliminates the 15-percent limit.
Under current law and under the bill, the calculation in reduction of recovery for
failure to wear a safety belt does not affect the determination of causal negligence
in the civil action.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SECTION 1. 347.48 (2m) (g) of the statutes is amended to read:
347.48 (2m) (g) Evidence of compliance or failure to comply with par. (b), (c),
or (d) is admissible in any civil action for personal injuries or property damage
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5 - 2 -2023 - 2024 Legislature LRB-0345/1
ZDW:amn
SECTION 1 ASSEMBLY BILL 81
resulting from the use or operation of a motor vehicle. Notwithstanding s. 895.045,
with respect to injuries or damages determined to have been caused by a failure to
comply with par. (b), (c), or (d), such a failure shall not may reduce the recovery for
those injuries or damages by more than 15 percent. This paragraph does not affect
the determination of causal negligence in the action.
(END)
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