Tennessee § 55-9-604 - Failure to wear safety belt — Contributory negligence — Evidence.

§ 55-9-604. Failure to wear safety belt — Contributory negligence — Evidence.

The failure to wear a safety belt or receipt of a citation or warrant for arrest for failure to wear a safety belt shall not be admissible into evidence in a civil action; provided, that evidence of a failure to wear a safety belt or receipt of a citation or warrant for arrest for failure to wear a safety belt, as required by this chapter, may be admitted in a civil action as to the causal relationship between noncompliance and the injuries alleged, if the following conditions have been satisfied: The plaintiff has filed a products liability claim; The defendant alleging noncompliance with this chapter shall raise this defense in its answer or timely amendment thereto in accordance with the rules of civil procedure; and Each defendant seeking to offer evidence alleging noncompliance with this chapter has the burden of proving noncompliance with this chapter, that compliance with this chapter would have reduced injuries and the extent of the reduction of the injuries. Upon request of any party, the trial judge shall hold a hearing out of the presence of the jury as to the admissibility of the evidence in accordance with this section and the Tennessee Rules of Evidence. Acts 1986, ch. 866, § 5; 1994, ch. 661, § 3; 2004, ch. 893, § 6. Compiler's Notes. Acts 1994, ch. 661, § 1 provided that that act, which rewrote this section and amended § 55-9-603 , shall be known as “the Tennessee Automobile Safety Act of 1994.” Law Reviews. The Seat Belt Defense in Tennessee: The Cutting Edge, 29 U. Mem. L. Rev. 215 (1998). Attorney General Opinions. If an accident is the fault of the driver, the driver may be found liable to adult passengers for injuries incurred in the accident despite the passengers' failure to wear safety belts, OAG 03-048, 2003 Tenn. AG LEXIS 56 (4/22/03).