Section 9-19-10-7 - Failure to comply; fault; liability of insurer; mitigation of damages(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.
Amended by P.L. 49-2024,SEC. 8, eff. 7/1/2024.Amended by P.L. 262-2013, SEC. 102, eff. 7/1/2013.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.