LRB-0345/1
ZDW:amn
2023 - 2024 LEGISLATURE
February 28, 2023 - Introduced by Representatives Spiros, Green and Nedweski,
cosponsored by Senators James, Marklein and Feyen. Referred to Committee
on Judiciary.
AB81,1,2
1An Act to amend 347.48 (2m) (g) of the statutes;
relating to: recovery of
2damages for failure to wear a safety belt.
Analysis by the Legislative Reference Bureau
This bill eliminates the cap on the amount that recovery for injuries or damages
may be reduced for failure to wear a safety belt.
Under current law, evidence of whether an individual complied with the
requirement to wear a safety belt for the operator of the motor vehicle and passengers
is admissible in a civil action for injuries or damages resulting from the use or
operation of a motor vehicle. If the individual failed to wear a safety belt, the recovery
for injuries or damages may be reduced by the amount determined to be caused by
the failure to wear a safety belt, but the reduction may not be more than 15 percent.
The bill allows the reduction in recovery but eliminates the 15-percent limit.
Under current law and under the bill, the calculation in reduction of recovery for
failure to wear a safety belt does not affect the determination of causal negligence
in the civil action.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB81,1
3Section
1. 347.48 (2m) (g) of the statutes is amended to read:
AB81,2,54
347.48
(2m) (g) Evidence of compliance or failure to comply with par. (b), (c)
, 5or (d) is admissible in any civil action for personal injuries or property damage
1resulting from the use or operation of a motor vehicle. Notwithstanding s. 895.045,
2with respect to injuries or damages determined to have been caused by a failure to
3comply with par. (b), (c)
, or (d), such a failure
shall not may reduce the recovery for
4those injuries or damages
by more than 15 percent. This paragraph does not affect
5the determination of causal negligence in the action.
