Supreme Court of Arkansas

Samantha Edwards

June 17, 2021625 S.W.3d 226

Summary

The court answered a certified constitutional question in the negative and held that the Child Passenger Protection Act provision barring evidence of a child-restraint violation in negligence actions does not violate separation of powers. Although the provision has evidentiary effects, the court characterized it principally as a substantive legislative determination that failure to use a child-safety seat cannot support comparative or contributory negligence. The certified question was therefore answered in favor of the statute.