LRB-2008/1
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1995 - 1996 LEGISLATURE
December 13, 1995 - Introduced by Senators Rosenzweig and Huelsman,
cosponsored by Representatives
Schneiders and Urban. Referred to
Committee on Insurance.
SB458,1,3
1An Act to amend 347.48 (2m) (g) of the statutes;
relating to: the maximum
2damage recovery reduction for failure to comply with mandatory safety belt use
3laws.
Analysis by the Legislative Reference Bureau
Under current law, most motor vehicle operators and passengers are required
to use safety belts, and the recovery of damages resulting from the operation of a
motor vehicle may be reduced by not more than 15% for personal injuries or property
damage caused by failure to comply with these mandatory safety belt use provisions.
This bill increases the maximum recovery reduction from 15% to 80%.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB458, s. 1
4Section
1. 347.48 (2m) (g) of the statutes is amended to read:
SB458,1,115
347.48
(2m) (g) Evidence of compliance or failure to comply with par. (b), (c) or
6(d) is admissible in any civil action for personal injuries or property damage resulting
7from the use or operation of a motor vehicle. Notwithstanding s. 895.045, with
8respect to injuries or damages determined to have been caused by a failure to comply
9with par. (b), (c) or (d), such a failure shall not reduce the recovery for those injuries
10or damages by more than
15% 80%. This paragraph does not affect the
11determination of causal negligence in the action.
SB458,2,3
2(1) This act first applies to causes of action that accrue on the effective date
3of this subsection.
