Case Information
*1 The Attorney General 6f Texas December 31, 1985 JIM MATTOX
Attorney General Honorable Gibson II. (Gib) Lewis Opinion No. JM-419
Supreme Court Building Speaker P. 0. BOX 12549 Texas House of Relwesentatives Re: Whether a physician who Austin, TX. 7071% 2549 512/475-2501 P. 0. Box 2910 grants to an individual a medical Telex Qlo/a74-1367 Austin, Texas 7fi769 exemption from wearing a seat Telecopier 51214750266 belt under article 6701d, section
107c, V.T.C.S., may be liable in 714 Jackson, suite 700 the event of injury Dallas, TX. 752024506 2141742-9944 Dear Speaker Lawis;:
You ask sewral questions about the new seat belt law. Acts 4924 Alberta Ave., Suite 160 1985, 69th Leg., <:h. 804, at 6062 (to be codified at art. 6701d. El Paso, TX. 799052793 915/5333484 The law provides that, as a general rule, persons §107C, V.T.C.S.). riding in the frcsnt seat of a passenger car must wear a seat belt. /-, The law takes intcm account, however, the possibility that a person may 01 Texas. Suite 7M) not be able to wsr a seat belt for medical reasons by providing as Houston, TX. 77002-3111 follows: 7131223-5886 (f) . . . [The seat'belt requirement] does not
808 Broadway, Suite 312 apply tu a person who possesses a written state- Lubbock, TX. 79401-347s ment frlnn a licensed physician stating that for SW47-5238 medical treasons the person is unable to wear a safety telt. 4309 N. Tenth. Suite B McAllen, TX. 79501-1885 (g) It is a defense to prosecution . . . that 5121992-4547 the perwn presents to the court, not later than
the IOil day after the date of the offense, a 2M) Main Plaza, Suite 4W statement from a licensed physician stating that San Antonio, TX. 79205.2797 for medical reasons the person is unable to wear a 512,225-4191 safety belt. V.T.C.S. art. 6701d, §107C(f) and (g). You ask the following
An Equal OpportunityI questions in regard to those provisions: Affirmative Action Employer
1. If a person who wears no seat belt is injured in an auto accident, does the physician who isswd the person a medical exemption letter face any civil liability?
2. If so, will a release from liability, signed lqr the person seeking the exemption, be sufficient to protect the physician from liability *2 .
Honorable Gibson D. (Gib) Lewis - Page 2 (JM-419)
connected with tin auto injury where the failure of the parson to w(!ar a seat belt becomas an issue?
Article 6701d, sactl3n 107C. does not contain any provision providing for immunity E:com civil liability for a physician who provides a written statemc!nt that a person cannot wear a seat belt for medical reasons. The stBl:ute does, however, contain the following provision:
Use or nonuse of a safety belt is not admissible evidence in a civil trial.
V.T.C.S. art. 6701d, §107C(j). As a practical matter, this rule would make it extremely difficult for a person to prove a claim of negli- gence against a physician who had provided a statement of medical exemption.
If a person claimed tlat a physician who has provided a statement of medical exemption was :!iable for injuries that person suffered in an automobile accident, the physician's liability would depend on the plaintiff's ability to pro're the elements of negligence. Generally, a finding of liability baslid on negligence requires proof that the defendant breached a duty of acting with ordinary care and that such breach was the proximate cause of injury to the plaintiff. See Rosas -- v. Buddies Food Store, 5111 S.W.2d 534, 536 (Tex. 1975); Lumpkins v.
Thoqtpson. 553 S.W.2d 949, !I52 (Tex. Cfv. App. - Amarillo 1977, writ ref d n.r.e.). Questions of failure to exercise ordinary care and questions of proximate cause are generally questions of fact to be answered by a jury. Blank.6 v. Southland Hotel, 229 S.W.2d 357, 361 -- (Tex. 1950); Clark v. Wawner, 452 S.W.2d 437, 440 (Tex. 1970). --
Pour second question is whether a release from the person seeking the exemption would protect: a physician from liability. The validity of a release depends on the circumstances surrounding the particular release. See Atkins V. WorS,le, 300 S.W.2d 688, 703 (Tex. Civ. App. - Dallas 195rwrit ref'd n.17x). Therefore, we cannot give a defini- tive response to your question.
SUMMARY The law does not explicitly make physicians immune from liability for negligence In providing a person a statement of exemption from the manda- tosy seat belt law. The validity of a release depends on the drcumstances of the particular case.
%Jzou$(& JIM MATTOX Attorney General of Texas *3 Honorable Gibson D. (Gib) Lewis - Page 3 (m-419)
JACK HIGH'fOWER
First Assistant Attorney Gmeral
NARY KELLER
Executive Assistant Attorne:y General
ROBERT GRAY
Special Assistant Attorney fGenera1
RICK GILPIN
Chairman, Opinion Committee
Prepared by Sarah Woelk
Assistant Attorney General