Report Title:

TORT ACTIONS

Description:

Allows the finder of fact in a civil action to consider the plaintiff's failure to use a seat belt or helmet as evidence of comparative negligence.

HOUSE OF REPRESENTATIVES

H.B. NO.

2382

TWENTY-SECOND LEGISLATURE, 2004

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO TORT ACTIONS.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Chapter 663, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§663- Failure to wear seat belt or helmet; consideration by court or jury. (a) Notwithstanding any other statute to the contrary, the failure to wear an appropriate seat belt while operating a motor vehicle, or while riding as a passenger in a motor vehicle, may be considered as evidence of negligence by the court or jury in civil litigation if a reasonably prudent person would have worn a seat belt under the circumstances presented by the case.

(b) Notwithstanding any other statute to the contrary, the failure to wear an appropriate helmet while operating a motorcycle or motor scooter, or while riding as a passenger on a motorcycle or motor scooter, may be considered as evidence of negligence by the court or jury in civil litigation if a reasonably prudent person would have worn a helmet under the circumstances presented by the case."

SECTION 2. New statutory material is underscored.

SECTION 3. This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________

BY REQUEST