Report Title:

Non-use of seatbelt or helmet; comparative negligence

Description:

Allows the finder of fact in a civil action to consider the plaintiff's failure to use a seat belt or helmet as evidence of comparative negligence.

THE SENATE	S.B. NO.	1338
TWENTY-FOURTH LEGISLATURE, 2007
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO TORT ACTIONS.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  Chapter 663, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§663-  Failure to wear seat belt or helmet; consideration by court or jury. (a)  Notwithstanding any other statute to the contrary, the failure to wear an appropriate seat belt while operating a motor vehicle, or while riding as a passenger in a motor vehicle, may be considered as evidence of negligence by the court or jury in civil litigation if a reasonably prudent person would have worn a seat belt under the circumstances presented by the case.

(b)  Notwithstanding any other statute to the contrary, the failure to wear an appropriate helmet while operating a motorcycle or motor scooter, or while riding as a passenger on a motorcycle or motor scooter, may be considered as evidence of negligence by the court or jury in civil litigation if a reasonably prudent person would have worn a helmet under the circumstances presented by the case."

     SECTION 2.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________
	BY REQUEST