(a) The failure to wear a safety belt or receipt of a citation or warrant for arrest for failure to wear a safety belt shall not be admissible into evidence in a civil action; provided, that evidence of a failure to wear a safety belt or receipt of a citation or warrant for arrest for failure to wear a safety belt, as required by this chapter, may be admitted in a civil action as to the causal relationship between noncompliance and the injuries alleged, if the following conditions have been satisfied:

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Terms Used In Tennessee Code 55-9-604

  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Arrest: Taking physical custody of a person by lawful authority.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(1) The plaintiff has filed a products liability claim;
(2) The defendant alleging noncompliance with this chapter shall raise this defense in its answer or timely amendment thereto in accordance with the rules of civil procedure; and
(3) Each defendant seeking to offer evidence alleging noncompliance with this chapter has the burden of proving noncompliance with this chapter, that compliance with this chapter would have reduced injuries and the extent of the reduction of the injuries.
(b) Upon request of any party, the trial judge shall hold a hearing out of the presence of the jury as to the admissibility of the evidence in accordance with this section and the Tennessee Rules of Evidence.
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