Torts Commons^™

Seat Belts And Contributory Negligence, Frans F. Slatter

Dalhousie Law Journal

There are now thirty-six cases mentioned in the Canadian and English reports where it has been argued that the failure to wear a seat belt amounts to contributory negligence. I The defence was successfully made out in only ten of these cases, with damages being reduced by five per cent to thirty-three and a third per cent under the applicable contributory negligence statutes. 2 This volume of litigation would not provoke comment were it not for the division of judicial opinion and the confusion of judicial thinking to be found in these conflicting decisions. Even in England where it was …