2019 Arkansas Code
Title 27 - Transportation
Subtitle 3 - Motor Vehicles and Their Equipment
Chapter 37 - Equipment Regulations
Subchapter 7 - Mandatory Seat Belt Use
§ 27-37-703. Effect of Noncompliance

Universal Citation: AR Code § 27-37-703 (2019)
  • (a)

    • (1) The failure of an occupant to wear a properly adjusted and fastened seat belt shall not be admissible into evidence in a civil action.

    • (2) Provided, that evidence of the failure may be admitted in a civil action as to the causal relationship between noncompliance and the injuries alleged, if the following conditions have been satisfied:

      • (A) The plaintiff has filed a products liability claim other than a claim related to an alleged failure of a seat belt;

      • (B) The defendant alleging noncompliance with this subchapter shall raise this defense in its answer or timely amendment thereto in accordance with the rules of civil procedure; and

      • (C) Each defendant seeking to offer evidence alleging noncompliance has the burden of proving:

        • (i) Noncompliance;

        • (ii) That compliance would have reduced injuries; and

        • (iii) The extent of the reduction of the injuries.

  • (b)

    • (1) Upon request of any party, the trial judge shall hold a hearing out of the presence of the jury as to the admissibility of such evidence in accordance with the provisions of this section and the rules of evidence.

    • (2) The finding of the trial judge shall not constitute a finding of fact, and the finding shall be limited to the issue of admissibility of such evidence.

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