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Bill > H2281


MA H2281

MA H2281
Establishing a seat belt defense


summary

Introduced
In Committee
Crossed Over
Passed
Dead

Introduced Session

187th General Court

Bill Summary

By Mr. Winslow of Norfolk, a petition of Daniel B. Winslow and others establishing a seat belt defense in civil actions for certain personal injuries incurred in a motor vehicle accident. The Judiciary.

AI Summary

This bill, titled "Establishing a seat belt defense," proposes to amend Section 13A of Chapter 90 of the General Laws, which pertains to motor vehicle safety. Specifically, it adds a new subsection that allows for the introduction of evidence in civil lawsuits concerning personal injuries from car accidents. If a defendant can prove, by a "preponderance of the evidence" (meaning it's more likely than not), that a person aged 18 or older who was injured in a motor vehicle accident was not wearing a seat belt as required by law, and that this failure to wear a seat belt made their injuries worse than they would have been otherwise, then this evidence can be used in court. This essentially creates a "seat belt defense" that could potentially reduce the amount of damages a plaintiff receives if their injuries were exacerbated by not wearing a seat belt.

Committee Categories

Justice

Sponsors (8)

Last Action

Accompanied a study order, see H4364 (on 07/31/2012)

bill text


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