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Jan 16, 2005

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Dave McK

Well Tony, I'm afraid I must count myself among the number you mention in your opening paragraph!

In my opinion it should be up to the individual to decide their level of personal risk. If an individual chooses not to wear a seatbelt, I believe that should be a choice they should be free to make. If they're involved in an accident and receive injuries that the wearing of a seatbelt would have minimised or eliminated, then that's a consequence of their own decision, and fair enough.

It bothers me that we seem to be moving towards a culture of diminished personal responsibility. For example, in America recently, I understand that someone tripped up over the laces of their roller skates because they hadn't tied them properly. They hurt themselves in the accident, and decided to sue the manufacturer of the roller skates for negligence because they hadn't pointed out this danger in their instruction manual. The lawsuit was successful, and the individual received compensation from the manufacturer.

This sort of thing makes me rather angry - in my opinion this case and others like it should be thrown out of court in a matter of seconds! But it seems that it is possible to convince the legal system (at least in the USA) that this gross failing of common sense was in some way the fault of someone else - in this example the roller skate manufacturer.

To get back to the seat belt issue, I think that if it affected other people it would be fair enough. For example, if the wearing of a seat belt would restrict or eliminate injuries to third parties - such as pedestrians - in an accident, then I'd be all for legislating for it. But as it is, I think it's just another move towards what has become known in the UK as the "Nanny State".

Do I wear a seatbelt when I drive? Absolutely - every time. But if I want to walk on the wild side and leave it unfastened, then should that really make me a criminal?

Tony Stevenson

We could host a whole site just debating the concept of 'Liberty'. I am all for _personal_ freedom. However when your actions adversely impact others then I believe it is important to reconsider your actions.

It is indisputable that wearing seatbelts will save lives and reduce road accident trauma. Not wearing a seatbelt and being in car crash impacts not only the individual but really the whole of society. It most immediately affects the rescue team who have to hose your remains out of the car. Or if you survived it impacts the team in casualty who have to put you together again. It affects the other patients who are looking for attention or a bed. It costs the community (at least in countries such as UK, Australia and New Zealand which have a comprehensive public health system - I can't comment on other countries. It affects your family - severly. It impacts you friends. It has a big impact on your team at work - someone is going to have to cover for you. Chances are customer service will drop.

So basically not wearing a seatbelt and being in a crash has a major impact far beyond the individual.

I won't resile from saying that it is stupid not to wear a seatbelt. On a risk/reward basis - you take a large risk for what reward? If you want a real buzz go bungie jumping, sky diving or even go karting (lots of adrenaline - little risk to limbs).

I agree it's best to avoid the 'nanny state' - however without public education and 'compliance incentives' (such as penalties) then change is not forthcoming.

In pondering the risk of a 'nanny state' please consider the legal control of firearms. Should they be regulated? What about fireworks? In Australia you can no longer buy fireworks for Guy Fawkes Night - that was kicked in many years ago. I am certainly not missing the stories of kids losing eyes, or dogs/cats being terrorised. As a society we can enjoy spectacular public fireworks staged by professionals. A better result all round.

Rollerskates - US: that's an example of lawyers gone mad without any sort of public retraint. I am sure there are oodles of sites which discuss reform of US legal processes to rein in excessive litigation. My understanding is that in the US there is no risk/penalty for unsuccessful litigation. In Australia if you litigate and lose you pay the other sides costs. This tends to minimise the 'no win, no fee' style of litigation which is prevalent in the US.

Guy Chambliss

Dave is right, but the accidents happening because of this fatal mistake must serve as a warning to those who do not wear them. A lot of complications could occur in case you are involved in an accident. Even little things like wearing a seat belt and a helmet can save you from death, injury, and incrimination!

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