Tort Actions

ORS 31.760
Evidence of nonuse of safety belt or harness to mitigate damages

(1)

In an action brought to recover damages for personal injuries arising out of a motor vehicle accident, evidence of the nonuse of a safety belt or harness may be admitted only to mitigate the injured party’s damages. The mitigation shall not exceed five percent of the amount to which the injured party would otherwise be entitled.

(2)

Subsection (1) of this section shall not apply to:

(a)

Actions brought under ORS 30.900 (“Product liability civil action” defined) to 30.920 (When seller or lessor of product liable); or

(b)

Actions to recover damages for personal injuries arising out of a motor vehicle accident when nonuse of a safety belt or harness is a substantial contributing cause of the accident itself. [Formerly 18.590]
(Calculation of Future Earning Potential)

Notes of Decisions

Where jury was accurately instructed on differences between alleged comparative fault of leaning forward and seat belt mitigation factor, comparative fault defense that plaintiff was leaning forward in truck cabin at time of collision with defendant’s vehicle did not relate only to nonuse of his seat belt and was not precluded by provision of this section under which nonuse cannot be comparative fault defense. Anderson v. Loomis, 110 Or App 396, 822 P2d 752 (1991)

Where failure to wear seatbelt did not cause accident, express limitation of evidence exception prevented introduction of nonuse to prove cause of injury to rescuer. Rectenwald v. Snider, 134 Or App 250, 894 P2d 1242 (1995), Sup Ct review denied

Law Review Citations

26 WLR 551 (1990); 69 OLR 147 (1990)

Source

Last accessed
Mar. 11, 2023

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