Is a driver of a vehicle negligent when he does not insist that his passenger wear his seatbelt?
British Columbia, Canada
The following excerpt is from Rice v. Chan Estate, 1998 CanLII 3978 (BC SC):
In Galaske v. OˊDonnell, 1994 CanLII 128 (SCC), [1994] 1 S.C.R. 670, the court held that a driver of a vehicle was negligent when he did not insist that a boy under the age of 16 wear his seatbelt. The court said (at 685): The driver of a car is in a position of control. The control may not be quite as great as that of the master of a vessel or the pilot of an aircraft. Nevertheless it exists. Coexistent with the right to drive and control a car is the responsibility of the driver to take reasonable steps to provide for the safety of passengers.
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