265.2(1)Where a person who is required by section 200.1 of the Motor Vehicle Act to be wearing a seat belt assembly sustains bodily injury or dies in an accident while the person is not wearing a seat belt assembly, the amount recoverable by the person, or his or her personal representative, as damages for bodily injury or death in an action arising out of the accident shall be reduced by twenty-five per cent, unless the person or his or her personal representative, as the case may be, establishes that the failure to wear a seat belt assembly did not contribute to the bodily injury or death.

265.2(2)Where a person to whom subsection (1) applies contributed to his or her bodily injury or death by other acts or omissions in addition to the failure to wear a seat belt assembly, and the person or his or her personal representative does not establish that the failure to wear a seat belt assembly did not contribute to the bodily injury or death, the reduction in the amount of damages shall be determined with regard to all the circumstances but shall not be less than twenty-five per cent.

265.2(3)Subsection (1) does not apply to a person who sustains bodily injury or dies in an accident while the person is wearing a seat belt assembly but is not wearing it in a properly adjusted and securely fastened manner as required under section 200.1 of the Motor Vehicle Act.

265.2(4)This section applies only to accidents occurring on or after the commencement of this section.