• Texas Supreme Court Overturns Longstanding Precedent: Seat-Belt Evidence is Now Admissible
  • April 27, 2017 | Authors: Gary W. Davis; Katherine A. Fillmore; Jose M. Luzarraga
  • Law Firms: Butler Snow LLP - Ridgeland Office; Butler Snow LLP - Austin Office; Butler Snow LLP - Dallas Office
  • In Nabors Well Services Ltd. v. Romero, the Texas Supreme Court overruled 40 years of case law regarding the inadmissibility of the use or non-use of seat belts.1 The Court held that evidence of the failure to use seat belts is admissible for proving comparative negligence/proportionate fault on the part of a plaintiff if the nonuse caused or contributed in any way to the plaintiff’s damages. This decision not only establishes that seatbelt evidence will be relevant in virtually any case involving automobiles, it strengthens the argument for admissibility of other types of comparative fault evidence in which a party’s behavior contributes to the party’s own injuries.