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

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

(a)  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 non-compliance and the injuries alleged, if the following conditions have been satisfied:

     (1)  The plaintiff has filed a products liability claim;

     (2)  The defendant alleging non-compliance with this chapter shall raise this defense in its answer or timely amendment thereto in accordance with the rules of civil procedure; and

     (3)  Each defendant seeking to offer evidence alleging non-compliance with this chapter has the burden of proving non-compliance with this chapter, that compliance with this chapter would have reduced injuries and the extent of the reduction of the injuries.

(b)  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.]