Law v. Superior Court
FACTS
-D was driving, pulled out in front of P’s car, who swerved violently to avoid collision, but instead it overturned the P’s car.
-P and wife were not wearing seat-belts and were thrown from the car.
ISSUE
Is P’s failure to use a seat-belt admissible to show breach of a duty to minimize damages or to prove contributory negligence?
HOLDING
We recognize the seat belt defense as a matter which the jury may consider in appropriating damages due to the ‘fault’ of the Pl. Accordingly, in appropriate cases discovery will be available on the issue of non-use.
RULES
The doctrine of avoidable consequences: A theory that denies recovery for those injuries Pl. could reasonably have avoided.
-Negligent failure to use a seat-belt would reduce damages solely for those injuries directly attributable to the lack of seat-belt restraint.
-Under the comparative fault statute, each person is under an obligation to act reasonably to minimize foreseeable injuries and damages.
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FACTS
-D was driving, pulled out in front of P’s car, who swerved violently to avoid collision, but instead it overturned the P’s car.
-P and wife were not wearing seat-belts and were thrown from the car.
ISSUE
Is P’s failure to use a seat-belt admissible to show breach of a duty to minimize damages or to prove contributory negligence?
HOLDING
We recognize the seat belt defense as a matter which the jury may consider in appropriating damages due to the ‘fault’ of the Pl. Accordingly, in appropriate cases discovery will be available on the issue of non-use.
RULES
The doctrine of avoidable consequences: A theory that denies recovery for those injuries Pl. could reasonably have avoided.
-Negligent failure to use a seat-belt would reduce damages solely for those injuries directly attributable to the lack of seat-belt restraint.
-Under the comparative fault statute, each person is under an obligation to act reasonably to minimize foreseeable injuries and damages.
Support us by:
Checking out our amazing store on Etsy: http://www.bohobuttons.com
While in law school I traveled the world. Puerto Rico. Egypt. Israel. The Netherlands. All over the United States. Costa Rica. Panama... How, you ask? I found ways to make money on the side. One of those ways was hosting my apartment on AirBnB. If you have an extra room, this is a perfect way to make some extra cash.
Since law school, I have traveled to dozens of countries for pleasure with my family. It's not rocket science. You just need to know how to start some side hustles. Another one of my favorite ways to make money is buying and selling stocks and cryptocurrency on Robinhood. Join now and get a free stock through this link: Join Robinhood and Get a Free Stock!
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