2006 Nebraska Revised Statutes - § 60-6,273 — Occupant protection system violation; evidence; when admissible.

Section 60-6,273
Occupant protection system violation; evidence; when admissible.

Evidence that a person was not wearing an occupant protection system at the time he or she was injured shall not be admissible in regard to the issue of liability or proximate cause but may be admissible as evidence concerning mitigation of damages, except that it shall not reduce recovery for damages by more than five percent.

Source:

Laws 1985, LB 496, § 7

Laws 1992, LB 958, § 7

R.S.Supp.,1992, § 39-6,103.08

Laws 1993, LB 370, § 369

Annotations:

Evidence of plaintiff's failure to wear a seatbelt may be introduced for mitigation of damages if defendant has demonstrated a causal connection between plaintiff's failure to wear an available seatbelt and the damages sustained by plaintiff. Jury instruction on plaintiff's failure to wear a seatbelt is proper to reduce damages by 5 percent or less, but only when defendant has demonstrated a causal connection between plaintiff's failure to wear an available seatbelt and the damages sustained by plaintiff. Vredeveld v. Clark, 244 Neb. 46, 504 N.W.2d 292 (1993).

~Reissue Revised Statutes of Nebraska