Tennessee Code Annotated
Tenn. Code Ann. § 55-9-604 (2026)
Failure to wear safety belt - Contributory negligence - Evidence
✓ current as of May 2026
- (a) The failure to wear a safety belt or receipt of a citation or warrant for arrest for failure to wear a safety belt shall not be admissible into evidence in a civil action; provided, that evidence of a failure to wear a safety belt or receipt of a citation or warrant for arrest for failure to wear a safety belt, as required by this chapter, may be admitted in a civil action as to the causal relationship between noncompliance and the injuries alleged, if the following conditions have been satisfied:
- (1) The plaintiff has filed a products liability claim;
- (2) The defendant alleging noncompliance with this chapter shall raise this defense in its answer or timely amendment thereto in accordance with the rules of civil procedure; and
- (3) Each defendant seeking to offer evidence alleging noncompliance with this chapter has the burden of proving noncompliance with this chapter, that compliance with this chapter would have reduced injuries and the extent of the reduction of the injuries.
- (b) Upon request of any party, the trial judge shall hold a hearing out of the presence of the jury as to the admissibility of the evidence in accordance with this section and the Tennessee Rules of Evidence.
Acts 1986, ch. 866, § 5; 1994, ch. 661, § 3; 2004, ch. 893, § 6.
Notes of Decisions
Cited in 9
cases, 1992–2012 · leading case: Biscan v. Brown, 160 S.W.3d 462 (Tenn. 2005).
Biscan v. Brown, 160 S.W.3d 462 (Tenn. 2005). “, Tenn.Code Ann. § 55-9-604 (2004) (excluding from most civil actions evidence of a party's failure to wear a seatbelt).”
Fye v. Kennedy, 991 S.W.2d 754 (Tenn. Ct. App. 1998). “See T.C.A. § 55-9-604(a). At the second trial, the Honorable Samuel H.”
England v. Suzuki Motor Corp., 521 F. Supp. 2d 707 (E.D. Tenn. 2007). “” Tenn.Code Ann. § 55-9-604 (1986). In 1994, the second part of TenmCode Ann.”
MacDonald v. Gen. Motors Corp., 784 F. Supp. 486 (M.D. Tenn. 1992). “In sum, the Court finds that T.C.A. § 55-9-604 has not been rendered null and void by virtue of the provisions of § 609(b) of the Act.”
Grandstaff v. Hawks, 36 S.W.3d 482 (Tenn. Ct. App. 2000). “Tenn.Code Ann. § 55-9-604(a) (1998) limits evidence regarding seatbelt use to products liability actions.”
Rougeau v. Hyundai Motor Am., 805 So. 2d 147 (La. 2002). “1997); Tenn.Code Ann. § 55-9-604 (Supp. 1997) (each statutorily recognizing that, in product liability cases only, seat belt evidence shall be admissible when it relates to proximate cause and to whether injuries sustained in an automobile accident were in fact caused by the…”
Brown v. Ford Motor Co., 67 F. Supp. 2d 581 (E.D. Va. 1999). “at 490 (citing Tenn.Code Ann. § 55-9-604). The court read that statute in conjunction with another statute, Tenn.”
McKinney v. Jarvis (Tenn. Ct. App. 2000). “McKinney moved to strike that defense on the basis of Tenn. Code Ann. § 55-9-604 : (a) The failure to wear a safety belt shall not be admissible into evidence in a civil action; provided, that evidence of a failure to wear a safety belt, as required by this chapter, may be…”
Aundrey Meals, as Nat. Parent, Guardian, & Next Friend of William Meals v. Ford Motor Co. (Tenn. Ct. App. 2012). “Meals acknowledges the evidentiary exception for products liability cases contained in Tennessee Code Annotated § 55-9-604, permitting evidence of the failure to wear a safety belt in a products liability action, however.”
— Tenn. Code Ann. § 55-9-604(a) — 3 cases
Fye v. Kennedy, 991 S.W.2d 754 (Tenn. Ct. App. 1998). “See T.C.A. § 55-9-604(a). At the second trial, the Honorable Samuel H.”
Grandstaff v. Hawks, 36 S.W.3d 482 (Tenn. Ct. App. 2000). “Tenn.Code Ann. § 55-9-604(a) (1998) limits evidence regarding seatbelt use to products liability actions.”
England v. Suzuki Motor Corp., 521 F. Supp. 2d 707 (E.D. Tenn. 2007). “” Tenn.Code Ann. § 55-9-604 (1986). In 1994, the second part of TenmCode Ann.”
— Tenn. Code Ann. § 55-9-604(a)(3) — 1 case
England v. Suzuki Motor Corp., 521 F. Supp. 2d 707 (E.D. Tenn. 2007). “” Tenn.Code Ann. § 55-9-604 (1986). In 1994, the second part of TenmCode Ann.”
— Tenn. Code Ann. § 55-9-604(a)(l) — 1 case
England v. Suzuki Motor Corp., 521 F. Supp. 2d 707 (E.D. Tenn. 2007). “” Tenn.Code Ann. § 55-9-604 (1986). In 1994, the second part of TenmCode Ann.”
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