Articles - Automobile Seat Belts

VERDICT OF 5 MILLION REDUCED BY 90% FOR NOT WEARING SEAT BELT

A Livingston County woman was killed when her Mitsubishi automobile rolled over. Plaintiff was able to prove that the design of the vehicle was a cause of the rollover. However, the defense was able to prove that the woman would have survived had she been wearing her shoulder harness in addition to her lap belt. In Michigan, there is a statute which limits the reduction of a verdict to only five percent for failure to wear a seat belt. However, because in this case the defendant was a manufacturer as opposed to another driver, the court held that the five percent limitation did not apply. As such, the 90% reduction in the verdict was upheld. This case is on appeal to the Michigan Supreme Court. In the meantime, if anyone needed another reason to wear a seat belt, lap and shoulder, here it is.

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