Failure to comply; fault; liability of insurer; mitigation of damages
Sec. 7. (a) Failure to comply with section 1, 2, 3, or 4 of this
chapter does not constitute fault under IC 34-51-2 and does not limit
the liability of an insurer.
(b) Except as provided in subsection (c), evidence of the failure
to comply with section 1, 2, 3, or 4 of this chapter may not be
admitted in a civil action to mitigate damages.
(c) 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.
As added by P.L.2-1991, SEC.7. Amended by P.L.121-1993, SEC.1;
P.L.1-1998, SEC.95.
Last modified: May 27, 2006