No, is the short answer. By statute failure to wear a seat belt “does not constitute negligence, nor may failure to wear a safety belt assembly be admissible as evidence of negligence in any civil action.” RCW 46.64.688(6). Patterson v. Horton, 84 Wn. App. 531, 929 P.2d 1125 (1997)(Affirming dismissal of claims of minors injured in an auto collision against the driver for failing to adequately retrain the children in the car.).
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