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Ark. Code Ann. § 27-37-703

Effect of noncompliance

Applied in 10 court decisions — leading case Lovett v. Union Pacific Railroad (2000)

Most recently applied in Mendoza v. WIS International, Inc. (April 2016)

Acts 1991, No. 562, § 5; 1993, No. 1086, § 1; 1995, No. 1118, § 1.

How often courts cite this section

199220002010201630
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(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: The plaintiff has filed a products liability claim other than a claim related to an alleged failure of a seat belt;

(3) 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

(4) Each defendant seeking to offer evidence alleging noncompliance has the burden of proving: Noncompliance;

(5) That compliance would have reduced injuries; and

(6) The extent of the reduction of the injuries.

(7) 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.

(8) 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.

Current official text: Arkansas General Assembly. Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Arkansas statutes; confirm against the official source for the current text. Not legal advice.