Change provisions relating to admissibility of evidence of use of an occupant protection system or a three-point safety belt system

109th Legislature (2025-2026) Introduced by Kathleen Kauth

Allows evidence that a person wasn’t wearing a seat belt to be used only for mitigating damages in civil cases, capped at 5% and not for liability or causation.

Title printed. Carryover bill

Purpose and intent

LB 132 amends Nebraska’s rules of evidence in civil cases to address the admissibility of evidence related to occupant protection system use (seat belts or similar three-point safety belts).

The bill seeks to permit, under defined limits, evidence that a person was not wearing a seat belt or occupant protection system at the time of injury to be considered for damage mitigation in a civil proceeding, rather than for liability or proximate cause determinations.

Key provisions

Amend Section 60-6,273, Reissue Revised Statutes of Nebraska:

Current law (prior to LB 132) prohibits evidence that a person was not wearing an occupant protection system or seat belt from being admissible to determine liability, proximate cause, or mitigation.
LB 132 changes this by:
Allowing evidence that a person was not wearing an occupant protection system or three-point safety belt to be admissible for purposes of mitigation of damages in a civil proceeding.
Prohibiting the evidence from reducing recovery by more than five percent.
Explicitly stating that such evidence shall not be admissible to determine liability or proximate cause, but may be used in mitigation discussions with a cap on potential reduction.

Repeal and replacement:

The original section 60-6,273 is repealed and replaced with the amended language.

Who/what is affected

Civil litigants in Nebraska, including plaintiffs and defendants in personal injury, property damage, or related civil cases where a plaintiff or party may have been injured.

Courts and judges presiding over civil cases will handle the admissibility and potential mitigation impact of evidence related to occupant protection system use.

Insurance providers and adjusters involved in evaluating damages and settlements may encounter this evidence in the mitigation analysis.

Procedural and timeline aspects

Introduced: January 13, 2025

Committee: Judiciary

Hearing date: February 5, 2025 (Notice of hearing)

Official status: Bill introduced and scheduled for committee consideration; the bill’s provisions would take effect if enacted and signed into law, with any effective date to be specified in the enacted statute.

Practical impact notes

The bill tightens how evidence of not wearing a seat belt can affect outcomes in civil cases by restricting its impact to mitigation of damages and capping any potential reduction at 5%.

It clarifies that such evidence cannot be used to determine liability or proximate cause, preserving the focus on damages rather than fault in the injury analysis.

If enacted, the change could influence settlement dynamics, as the potential downside of not wearing a belt is limited in terms of damage recovery.

Bill