This report analyzes the current legal status of the seat belt defense in civil actions. Particular emphasis is given to factors which have altered the evolution of the seat belt defense since 1982, the most significant being the passage of laws mandating belt use in a majority of the states. The report is organized into three sections. The first section provides the background necessary to an understanding of the nature and applications of the seat belt defense, and the benefits and detriments of the seat belt defense and mandatory use laws (MULs). The second section includes a State-by-State analysis of the current status of the seat belt defense. The final section examines the seat belt defense and MULs in the context of broader public policy considerations regarding injury prevention. (A)
Abstract