WHAT THE LAW SAYS: seat belts

Do you know that if you sit in a car with seat belts properly fixed and you elect not to wear them, in the event of an accident caused by your negligent driver, your rights against him may be limited?

He would be entitled to claim that you were a part of the cause of your injuries.

YES! That is called contributory negligence.

A driver may be negligent on the road while driving but where you as the passenger do not wear the seat belt which the manufacturer of the car has provided to protect you against such acts of negligence or accident, you are liable for contributory negligence.

You may only be entitled to a percentage of damages that you may otherwise have been entitled to from the court.

The position of the law

Yes this is law! Sections 1 and 2 of the Civil Liability Act, 1963 (Act 173) is very clear on this. You can also look at the case of Jones v Livox Quarries Ltd.

The plaintiff jumped into the towbar at the back of a traxcavator which was crushed by another vehicle driven by the defendant’s servant. The plaintiff sustained severe injuries as a result of the crush.

The court said that the injury had been caused partly by the plaintiff’s own fault because the defendant had given orders that its employees should not ride on quarry vehicles.

So in the case of a trotro or a taxi or uber/bolt or other vehicle, make sure you wear your seatbelt if it is available.  

Note that, in Ghana contributory negligence does not absolve the defendant of liability. In simple terms it is not a complete defense.

The defendant must prove that the conduct or actions of the plaintiff is one that is within the broad of scope of the negligence causing the injury.

By: @Alex Owusu Asenso
Read: Let’s learn English: ‘If I was’ vs. ‘If I were’—which is correct?

Source - Alex Owusu Asenso