The Seat Belt Defense Reconsidered: A Return To Accountability in Tort Law?

29 Pages Posted: 5 Nov 2019

See all articles by Robert Ackerman

Robert Ackerman

Wayne State University Law School

Date Written: 1986

Abstract

This article, after presenting a brief history of the seat belt defense, will address the viability of the defense in light of recent statutory enactments. We will see how many such enactments actually serve to thwart, rather than promote, the defense. We will then discuss the application of the defense in terms of the damages recoverable by plaintiffs in auto collision cases. The defense will then be considered in the context of products liability actions, with particular emphasis on economic implications. The article will conclude with some comments on the relationship of the defense to notions of autonomy and accountability. This discussion will suggest that the seat belt defense has important implications in terms of both economic efficiency and individual accountability.

Suggested Citation

Ackerman, Robert, The Seat Belt Defense Reconsidered: A Return To Accountability in Tort Law? (1986). New Mexico Law Review, Vol. 16, Spring 1986, Available at SSRN: https://ssrn.com/abstract=3475734

Robert Ackerman (Contact Author)

Wayne State University Law School ( email )

471 Palmer
Detroit, MI 48202
United States

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