1988 019 Ordinance - Laserfiche WebLink

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76C Safety and Equipment 337. 99 (2) If, at the time of an accident involving a passenger car equipped with occupant restraining devices, any occupant of the passenger car who sustained injury or death was not wearing an available occupant restraining device, was not wearing all of the available elements of such a device or was not wearing such a device as properly adjusted, then, consistent with the rules of evidence, the fact that such occupant was not wearing the available occupant restraining device, was not wearing all of the available elements of such a device or was not wearing such a device as properly adjusted is admissible in evidence in relation to any claim for relief in a tort action to the extent that the claim for relief satisfies all of the following: A. It seeks to recover damages for injury or death to such occupant; B. The defendant in question is the manufacturer, designer, distributor or seller of the passenger car; C. The claim for relief against the defendant in question is that the injury or death sustained by such occupant was enhanced or aggravated by some design defect in the passenger car or that the passenger car was not crashworthy. (3) As used in subsection (g)(2) hereof, "tort action"means a civil action for damages for injury, death or loss to person or property.. "Tort action" includes a product liability claim that is subject to Ohio R.C. 2307. 71 to 2307.80, but does not include a civil action for damages for a breach of a contract or another agreement between persons. (ORC 4513.263) (h) Whoever violates subsection (b)(1) hereof shall be fined twenty dollars ($20.00). (ORC 4513.99(F)) (i) Whoever violates subsection (b)(2) hereof shall be fined ten dollars ($10.00). (ORC 4513.99(H)) 337.99 PENALTY. (EDITOR'S NOTE; See Section 303.99 for misdemeanor classifications and penalties. ) 1988 Replacement