2019 Indiana Code
Title 9. Motor Vehicles
Article 19. Motor Vehicle Equipment
Chapter 10. Passenger Restraint Systems
9-19-10-7. Failure to comply; fault; liability of insurer; mitigation of damages
Sec. 7. (a) Failure to comply with section 1, 2, or 3.1(a) of this chapter does not constitute fault under IC 34-51-2 and does not limit the liability of an insurer.
(b) Except as provided in subsection (c), evidence of the failure to comply with section 1, 2, or 3.1(a) of this chapter may not be admitted in a civil action to mitigate damages.
(c) Evidence of a failure to comply with this chapter may be admitted in a civil action as to mitigation of damages in a product liability action involving a motor vehicle restraint or supplemental restraint system. The defendant in such an action has the burden of proving noncompliance with this chapter and that compliance with this chapter would have reduced injuries, and the extent of the reduction.
[Pre-1991 Recodification Citation: 9-8-14-5.]
As added by P.L.2-1991, SEC.7. Amended by P.L.121-1993, SEC.1; P.L.1-1998, SEC.95; P.L.214-2007, SEC.9; P.L.262-2013, SEC.102.
