2023 - 2024 LEGISLATURE
LRB-0345/1
ZDW:amn
2023 ASSEMBLY BILL 81
February 28, 2023 - Introduced by Representatives SPIROS, GREEN and NEDWESKI,
cosponsored by Senators JAMES, MARKLEIN and FEYEN. Referred to Committee
on Judiciary.
1 AN ACT to amend 347.48 (2m) (g) of the statutes; relating to: recovery of
2 damages for failure to wear a safety belt.
Analysis by the Legislative Reference Bureau
This bill eliminates the cap on the amount that recovery for injuries or damages
may be reduced for failure to wear a safety belt.
Under current law, evidence of whether an individual complied with the
requirement to wear a safety belt for the operator of the motor vehicle and passengers
is admissible in a civil action for injuries or damages resulting from the use or
operation of a motor vehicle. If the individual failed to wear a safety belt, the recovery
for injuries or damages may be reduced by the amount determined to be caused by
the failure to wear a safety belt, but the reduction may not be more than 15 percent.
The bill allows the reduction in recovery but eliminates the 15-percent limit.
Under current law and under the bill, the calculation in reduction of recovery for
failure to wear a safety belt does not affect the determination of causal negligence
in the civil action.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
3 SECTION 1. 347.48 (2m) (g) of the statutes is amended to read:
4 347.48 (2m) (g) Evidence of compliance or failure to comply with par. (b), (c),
5 or (d) is admissible in any civil action for personal injuries or property damage
 2023 - 2024 Legislature -2- LRB-0345/1
ZDW:amn
ASSEMBLY BILL 81 SECTION 1
1 resulting from the use or operation of a motor vehicle. Notwithstanding s. 895.045,
2 with respect to injuries or damages determined to have been caused by a failure to
3 comply with par. (b), (c), or (d), such a failure shall not may reduce the recovery for
4 those injuries or damages by more than 15 percent. This paragraph does not affect
5 the determination of causal negligence in the action.
6 (END)


Statutes affected:
Bill Text: 347.48(2m)(g), 347.48