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State of South Dakota
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EIGHTY-SECOND SESSION LEGISLATIVE ASSEMBLY, 2007 |
| 833N0448 |
HOUSE BILL
NO.
1190
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Introduced by:
Representatives Willadsen, Faehn, Gilson, Glenski, Hills, Jerke, Krebs,
Peters, Rausch, Rounds, Steele, Street, and Weems and Senators Gray,
Abdallah, Albers, Greenfield, McNenny, Nesselhuf, Olson (Ed), and Smidt
(Orville)
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FOR AN ACT ENTITLED, An Act to
allow the evidence of the failure to wear a safety belt to
mitigate damages under certain circumstances.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 32-38-4 be amended to read as follows:
32-38-4. Failure to comply with the provisions of this chapter does not constitute contributory negligence, comparative negligence, or assumption of the risk. Failure to comply with the provisions of this chapter may not be introduced as evidence in any criminal litigation other than a prosecution under this chapter or in any civil litigation on the issue of injuries
or
on the issue of mitigation of damages
. However, failure to comply with the provisions of this
chapter may be admitted to mitigate damages, but only under the following circumstances:
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 32-38-4 be amended to read as follows:
32-38-4. Failure to comply with the provisions of this chapter does not constitute contributory negligence, comparative negligence, or assumption of the risk. Failure to comply with the provisions of this chapter may not be introduced as evidence in any criminal litigation other than a prosecution under this chapter or in any civil litigation on the issue of injuries
(1) Any party seeking to introduce evidence of the failure to comply with the provisions
of this chapter shall first introduce substantial evidence that the failure to comply
with the provisions of this chapter contributed to any injury claimed by the plaintiff;
(2) If the evidence supports such a finding, the trier of fact may find the plaintiff's failure
to comply with the provisions of this chapter contributed to the plaintiff's claimed injury and may reduce the amount of the plaintiff's recovery by an amount not to exceed five percent of the damages awarded after any reduction for comparative or contributory negligence .
