§ 9-19-10-7 — Failure to comply; fault; liability of insurer; mitigation of damages

Indiana § 9-19-10-7

• Jurisdiction: Indiana
• Title 9: MOTOR VEHICLES
• Art. 19: MOTOR VEHICLE EQUIPMENT
• Ch. 10: Passenger Restraint Systems

Text

(a) Failure to comply with section 1, 2, or
3.1(a) of this chapter does not constitute fault under IC 34-51-2 and
does not limit the liability of an insurer.
(b) This subsection applies to a cause of action accruing before July
1, 2024. Evidence of a failure to comply with this chapter may be
admitted in a civil action as to mitigation of damages in a product
liability action involving a motor vehicle restraint or supplemental
restraint system. The defendant in such an action has the burden of
proving noncompliance with this chapter and that compliance with this
chapter would have reduced injuries, and the extent of the reduction.
(c) This subsection applies to a cause of action accruing after June
30, 2024. For a plaintiff who was at least fifteen (15) years of age or
older at the time the cause of action accrued, evidence of a failure to
comply with this chapter may be admitted in any civil action as to
mitigation of damages. The defendant in such an action has the burden
of proving noncompliance with this chapter and that compliance with
this chapter would have reduced injuries.
[Pre-1991 Recodification Citation: 9-8-14-5.]

Legislative History

As added by P.L.2-1991, SEC.7. Amended by P.L.121-1993, SEC.1; P.L.1-1998, SEC.95; P.L.214-2007, SEC.9; P.L.262-2013, SEC.102; P.L.49-2024, SEC.8.