WPI 70.08 Use of Safety Belts

This instruction should be used when a party's failure to wear a safety belt is before the jury, explicitly or implicitly, or has been admitted as evidence for a purpose other than showing negligence or contributory negligence. If the evidence is admitted for a limited purpose, use the bracketed sentence. See the Comment below.

This instruction should be modified as necessary to fit the facts of the case.

RCW 46.61.688(3), (4), and (6). RCW 46.61.688 was originally enacted in 1986. Since that time, the Legislature has amended the statute a number of times to require seat belts in more types of vehicles and to require the use of seat belts in an increasing number of circumstances.

RCW 46.61.688(6) provides, however, that: “Failure to comply with the requirements of this section does not constitute negligence, nor may failure to wear a safety belt assembly be admissible as evidence of negligence in any civil action.”

The Washington Supreme Court has held that there is no common law duty to wear a seatbelt. Amend v. Bell, 89 Wn.2d 124, 134, 570 P.2d 138 (1977); Derheim v. N. Fiorito Co., 80 Wn.2d 161, 172, 492 P.2d 1030 (1972); accord Patterson v. Horton, 84 Wn.App. 531, 540, 929 P.2d 1125 (1997) (historical discussion of Washington's seat belt laws).

RCW 46.61.688(6) applies equally to a situation in which a child is not strapped into an appropriate child restraint device or seat belt. See Patterson, 84 Wn.App. at 540–41 (affirming dismissal of an action against the driver for “negligent restraint”); see also RCW 46.61.687.

The failure of a plaintiff to wear a safety belt cannot be raised as an affirmative defense of contributory fault under RCW 46.61.688(6). Clark v. Payne, 61 Wn.App. 189, 810 P.2d 931 (1991); see also RCW 46.61.687(4).