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Full-Text Articles in Law
A Multi-Disciplinary Approach To Seat Belt Issues, Stephen J. Werber
A Multi-Disciplinary Approach To Seat Belt Issues, Stephen J. Werber
Cleveland State Law Review
It is imperative that a multi-disciplinary approach to the seat belt defense be attempted. With a growing number of exceptions, courts have ruled that a defendant may not seek to lessen or avoid liability by showing that the plaintiff failed to use a restraint system. In this way the seat belt defense has frequently been rendered unavailable. Too often, the judiciary has determined as a matter of law that a reasonable person need not use a life-saving mechanism, denying juries an opportunity to reach a different conclusion. Thus, paradoxically, while courts have expanded the scope of injury liability by asserting …
A Multi-Disciplinary Approach To Seat Belt Issues, Stephen J. Werber
A Multi-Disciplinary Approach To Seat Belt Issues, Stephen J. Werber
Law Faculty Articles and Essays
To fully appreciate the life-saving and injury-reduction capacity of seat belt restraint systems, it is necessary to examine several non-legal topics which have direct bearing on what the law should reflect. In addition, these topics could prove to have practical application for the attorney attempting to establish the necessity for judicial acceptance of the seat belt defense. These areas include: (1) the human and economic toll arising from automobile accidents; (2) the events that take place during an automobile collision in terms of vehicle dynamics and occupant kinematics; and (3) the effects of a seat belt restraint system upon occupant …