Legal Question in Civil Litigation in Wyoming

Negligence and strict liability

A person was dirving her car when it went out of control and hit a telephone pole due to a defective axle. The person was not wearing a seat belt and was severly injured. The person did sue the auto company. Should her failure to wear her seatbelt to used to reduce the award?

Asked on 2/23/04, 11:34 am

1 Answer from Attorneys

Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: Negligence and strict liability

The law provides that the negligence of all parties may be considered in arriving at an economic award. The process is called 'comparative negligence.' A fact-finder may reduce an award to a Plaintiff by the amount of comparative negligence it finds. It is sometimes as much as 50%. Failure to wear an available seatbelt is comparative negligence which may be considered, and a percent assigned.

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Answered on 2/23/04, 12:45 pm

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