Bill > S0280

This bill amends South Carolina law regarding safety belt violations by removing key legal protections that previously limited the use of safety belt non-compliance as evidence in civil lawsuits. Specifically, the bill eliminates the existing provision that states a safety belt violation is not considered "negligence per se" or "contributory negligence" and cannot be used as evidence in a civil action. Currently, if someone is not wearing a safety belt during an incident, this fact could not be used against them in a lawsuit to suggest they were partially responsible for their injuries. By removing this protection, the bill would allow plaintiffs in civil cases to potentially use a person's failure to wear a safety belt as evidence of their own negligence, which could impact damage awards or liability determinations. The bill maintains other existing provisions of the safety belt law, such as limiting fines, preventing custodial arrests, and prohibiting searches solely based on safety belt violations. The changes would take effect upon the Governor's approval, potentially giving plaintiffs in civil cases a new avenue to argue contributory negligence in personal injury lawsuits involving motor vehicle incidents.

Justice

https://www.scstatehouse.gov/billsearch.php?billnumbers=0280&session=126&summary=B