House File 580 HOUSE FILE BY COMMITTEE ON JUDICIARY (SUCCESSOR TO HSB 26) Passed House, Date Passed Senate, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act eliminating the limitation on the reduction in damages 2 awarded to plaintiffs who fail to wear a safety belt or safety 3 harness. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 1786HV 80 6 rh/cf/24 PAG LIN 1 1 Section 1. Section 321.445, subsection 4, paragraph b, 1 2 subparagraph (2), Code 2003, is amended to read as follows: 1 3 (2) If the evidence supports such a finding, the trier of 1 4 fact may find that the plaintiff's failure to wear a safety 1 5 belt or safety harness in violation of this section 1 6 contributed to the plaintiff's claimed injury or injuries, and 1 7 may reduce the amount of plaintiff's recovery by an amountnot 1 8 to exceed five percent of the damages awardedproportionate to 1 9 the degree to which the failure to wear a safety belt or 1 10 safety harness contributed to the plaintiff's claimed injury 1 11 or injuries, after any reductions for comparative fault. 1 12 EXPLANATION 1 13 This bill eliminates the limitation on the reduction in 1 14 damages awarded to plaintiffs who fail to wear a safety belt 1 15 or safety harness. Currently, Code section 321.445 provides 1 16 that the trier of fact may reduce the amount of a plaintiff's 1 17 recovery by an amount not to exceed 5 percent of the damages 1 18 awarded after any reductions for comparative fault if the 1 19 evidence supports a finding that the plaintiff's failure to 1 20 wear the belt or harness, in violation of that section, 1 21 contributed to the plaintiff's claimed injury or injuries. 1 22 LSB 1786HV 80 1 23 rh/cf/24 1 24 1 25 1 26 1 27 1 28 1 29 1 30 1 31 1 32 1 33 1 34 1 35