Proof of an available and fully operational seat belt is not a prerequisite to asserting a seat belt defense under Florida law

In this wrongful death action, the plaintiff moved for a directed verdict as to the defendant’s seat belt defense, arguing the undisputed evidence established that the seat belt was inoperable at the time of the accident. At trial, the decedent’s wife and the investigating officer testified that coins stuck in the belt mechanism made the belt inoperable. The decedent’s wife additionally testified that her husband was aware of the belt’s inoperability days prior to the accident. The trial court denied the motion, concluding the issue was one for the jury. The jury ultimately returned a verdict finding the defendant 30% at fault and the decedent 70% at fault. On appeal, the Fourth District affirmed the decision, noting that both statutory law and case law permit a jury to consider more than simply the availability and operability of a seat belt, including the plaintiff’s negligence, or lack thereof, in driving a vehicle with an inoperable belt.

_{Case Law Alerts, 3rd Quarter, July 2015}

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