Civil Model Jury Charge 5.30K NONUSE OF SEATBELT ON ISSUE OF NEGLIGENCE

5.30K Nonuse of Seatbelt on Issue of Negligence1 (Approved 6/89) http://www.judiciary.state.nj.us/civil/civindx.html Some of the evidence presented in this case bears upon defendants contention that plaintiff was not wearing a seatbelt at the time of the accident.This contention is not relevant in deciding who is at fault for causing the accident.[2] However, it may be important in determining the amount of money that the plaintiff may recover for any injuries he/she received. I will talk about that with you in a few minutes.[3] [1]Waterson v. General Motors Corp., 111 N.J. 238, 264 (1988): Consequently, the relevant inquiry is not whether the failure to use a seatbelt contributed to the cause of the accident but whether the nonuse of a seatbelt contributed to plaintiffs injuries. [2]This charge is not intended to address cases where nonuse of a seatbelt is alleged to have contributed to the happening of the accident itself.Waterson, supra note 1, at 268 n. 5. [3]This refers to Model Civil Charge 8.21.