27-37-703. Effect of noncompliance.

Arkansas Code — all titles (historical 2020) · legal_authorities

27-37-703. Effect of noncompliance.

27-37-703. Effect of noncompliance. (a)(1) The failure of an occupant to wear a properly adjusted and fastened seat belt shall not be admissible into evidence in a civil action. (2) Provided, that evidence of the failure 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: (A) The plaintiff has filed a products liability claim other than a claim related to an alleged failure of a seat belt; (B) The defendant alleging noncompliance with this subchapter shall raise this defense in its answer or timely amendment thereto in accordance with the rules of civil procedure; and (C) Each defendant seeking to offer evidence alleging noncompliance has the burden of proving: (i) Noncompliance; (ii) That compliance would have reduced injuries; and (iii) The extent of the reduction of the injuries. (b)(1) Upon request of any party, the trial judge shall hold a hearing out of the presence of the jury as to the admissibility of such evidence in accordance with the provisions of this section and the rules of evidence. (2) The finding of the trial judge shall not constitute a finding of fact, and the finding shall be limited to the issue of admissibility of such evidence.

Source: Arkansas Code — historical release 78 (November 6, 2020) · 27-37-703

Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.