Baudanza v. Industrial Commission

In this special action we are called upon to reconsider the legal viability of the seat belt defense, last addressed by Arizona courts in Nash v. Kamrath, 21 Ariz. App. 530, 521 P.2d 161 (1974). In Nash, Division II of this court upheld an order excluding evidence of the plaintiffs failure to use a seat belt. We disagree with the reasoning in Nash and conclude that evidence of nonuse of seat belts may be admissible if the failure to use a seat belt is a proximate cause of the plaintiffs injuries.