ST. LOUIS – A new bill that has just passed the state Senate aims to change the way evidence in tort cases is handled.
Senate Bill 30, sponsored by Sen. Dan Hegeman (R-Cosby), would allow failure to wear a safety belt in a vehicle as an evidence of negligence on the occupant's end.
As stated in the Missouri Senate website, "under current law in any civil action to recover damages, failure to wear a safety belt is not allowed as evidence of comparative negligence, but may be introduced to mitigate damages. This act provides that in actions arising out the design, construction, manufacture, distribution, or sale of a motor vehicle factory equipped with a safety belt, failure to wear a safety belt by the plaintiff shall be admissible as evidence of comparative negligence or fault, causation, absence of a defect or hazard, and failure to mitigate damages."
The bill now moves to the House, where not all representatives agree with the bill.
Rep. Ben Baker (R-Neosho) told the St. Louis Record he opposes the measure.
"I would not support a bill that allows lack of seat belt use to be used as negligence as a stand-alone bill," Baker said.
The District 160 representative also mentioned the need of a broader tort reform.
"I do believe that we need tort reform in some areas and do think that it should be a priority," Baker said.
The bill also states that whether the evidence of the lack of safety belt use supports the injury claims, the amount of recovery may be reduced by 1 percent of the damages.
After a second read on March 11, no other steps have been scheduled in the House.
If it passes the House of Representatives, the bill will become law and will become effective on Jan. 1, 2020, after signed by the governor.