The case of Lipscomb versus Diamiani is cited in which the Delaware superior court held evidence of failure of an automobile passenger to use an available seat belt was not admissible in her suit for personal injuries arising out of an automobile accident. The court pointed out that while the common law is adaptable to new concepts, the requested change in Delaware's negligence law would be more drastic than in many other jurisdictions and would have a more dramatic impact in the trial of negligence cases. The question of automobile safety is comprehensively considered in the delaware statutory law. It is felt that the legislative form is a better one to explore the area than the isolated court room. Similar cases in Wisconsin and South Carolina were cited. It is concluded that the determination of negligence in not fastening a seat belt must be decided by the state legislature and not by court interpretation.
Samenvatting