Posted: June 9th, 2014

failure to wear a seat belt as an affirmative defense

failure to wear a seat belt as an affirmative defense

Paper instructions:
Your research topic is the seat belt defense in a tort case. Some states recognize failure to wear a seat belt as an affirmative defense in auto negligence cases. Other states allow failure to wear a seat belt to be used in mitigating a damage award.
1 Using a topical approach (searching), find a case from state court that addressed the affirmative defense issue. Cite, in Bluebook form, the case you find, and thoroughly explain what this case said about this issue including the facts, the court’s conclusion, and the legal reasoning/rationale. (Note: please use the regional reporter citation as described in Bluebook Rule 10.3.1(b) and Rule B4. 1.3(iv).
2. Provide a detailed step-by-step list showing how you found the case using a topical approach.

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