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Title:

CONTRIBUTORY NEGLIGENCE IN PROMOTION OF SAFETY BELT USE

Accession Number:

00367453

Record Type:

Component

Availability:

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Order URL: http://worldcat.org/issn/03611981

Abstract:

Contributory negligence, or contributory fault, can be described as unreasonable behavior on the part of an individual by which he or she contributes to injuries caused him or her by another's negligent act. Historically, under common law, once contributory negligence on the part of a plaintiff is established by a defendant in a personal-injury action, this serves as a complete bar to the plaintiff's claim. Even in jurisdictions without seat belt legislation, the common law over the past two decades has been increasingly recognizing that the failure to wear seat belts constitutes contributory negligence. It appears that if the common law continues to develop by itself, the seat belt defense will be increasingly recognized by the courts in the assessment of contributory negligence. If the seat belt defense is to be recognized by law, such statutes should be broad rather than restrictive to provide just penalties for contributory negligence. (Author)

Supplemental Notes:

Publication of this paper sponsored by Committee on Highway Vehicle Research. Distribution, posting, or copying of this PDF is strictly prohibited without written permission of the Transportation Research Board of the National Academy of Sciences. Unless otherwise indicated, all materials in this PDF are copyrighted by the National Academy of Sciences. Copyright © National Academy of Sciences. All rights reserved.

Monograph Accession #:

00370202

Report/Paper Numbers:

HS-033 623

Corporate Authors:

Transportation Research Board

500 Fifth Street, NW
Washington, DC 20001 United States

Authors:

Green, Robert N
Sharpe, Gilbert S

Pagination:

pp 57-62

Publication Date:

1982

Serial:

Transportation Research Record

Issue Number: 844
Publisher: Transportation Research Board
ISSN: 0361-1981

Conference:

61st Annual Meeting of the Transportation Research Board

Location: Washington District of Columbia, United States
Date: 1982-1-18 to 1982-1-22

ISBN:

0309033225

Media Type:

Digital/other

Features:

References (3)

Uncontrolled Terms:

Jurisdiction

Subject Areas:

Highways; Law; Research; Safety and Human Factors; Security and Emergencies; I83: Accidents and the Human Factor

Files:

HSL, TRIS, TRB

Created Date:

Dec 30 1983 12:00AM

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