House Study Bill 26
HOUSE FILE
BY (PROPOSED COMMITTEE ON
JUDICIARY BILL BY
CHAIRPERSON MADDOX)
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 1786HC 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 amount not
1 8 to exceed five percent of the damages awarded proportionate 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 1786HC 80
1 23 rh/cf/24
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