Virginia Law and Childseats

The Virginia Supreme Court has issued an opinion concerning child seats and restraints. Sadly, the case concerned an unrestrained 4 year old in a pickup truck who was injured in a head-on collision. The trial court judge ruled that Virginia Code Section 46.2-1095 barred the the child's claim because although the section requires a child younger than age eight to be restrained, it says that a violation of the section "shall not constitute negligence." The Virginia Supreme Court reversed because it concluded that the reference to negligence should be interpreted to mean "negligence per se" and so a claim of negligence would not be barred. The Court looked to Virginia Code Section 46.2-1098 and said that the sections must be read in conjunction and that the legislature meant "negligence per se" in both sections, although it only used that term in the Section 46.2-1098. This section establishes a monetary penalty for violation of the provision. Dissenting, Justice Kiser opined that the language should be read as it is written. It seems that the General Assembly needs to clarify what it intended.

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