Indiana § 9-19-11-8.5 Failure to comply; mitigation of damages

Indiana Statutes

§ 9-19-11-8.5 — Failure to comply; mitigation of damages

Indiana § 9-19-11-8.5

Title 9MOTOR VEHICLES

Art. 19MOTOR VEHICLE EQUIPMENT

Ch. 11Passenger Restraint Systems for Children

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Bluebook

Ind. Code § 9-19-11-8.5 (2026).

Text

5. In a civil action seeking to recover damages for personal injuries or death experienced by a plaintiff who:

(1)was in a motor vehicle that was manufactured after September 1, 1986, and equipped with at least one (1) inflatable restraint system; and

(2)was fifteen (15) years of age or older at the time the cause of action accrued; evidence that the motor vehicle was not operating in compliance with section 2 or 3.6 of this chapter may be admitted as proof of failure to mitigate damages.

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5. In a civil action seeking to recover damages
for personal injuries or death experienced by a plaintiff who:
(1) was in a motor vehicle that was manufactured after September
1, 1986, and equipped with at least one (1) inflatable restraint
system; and
(2) was fifteen (15) years of age or older at the time the cause of
action accrued;
evidence that the motor vehicle was not operating in compliance with
section 2 or 3.6 of this chapter may be admitted as proof of failure to
mitigate damages.