2015 -- S 0592

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LC001377

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2015

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A N   A C T

RELATING TO COURTS AND CIVIL PROCEDURE -- PROCEDURE GENERALLY

     Introduced By: Senators McCaffrey, Lynch, Lombardi, and Conley

     Date Introduced: March 03, 2015

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 9-20-4 of the General Laws in Chapter 9-20 entitled "Decisions,

Special Findings and Assessment of Damages" is hereby amended to read as follows:

     9-20-4. Comparative negligence. -- In all actions hereafter brought for personal injuries,

or where personal injuries have resulted in death, or for injury to property, the fact that the person

injured, or the owner of the property or person having control over the property, may not have

been in the exercise of due care or the fact that the danger or defect was open and obvious shall

not bar a recovery, but damages shall be diminished by the finder of fact in proportion to the

amount of negligence attributable to the person injured, or the owner of the property or the person

having control over the property.

     SECTION 2. This act shall take effect upon passage.

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LC001377

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO COURTS AND CIVIL PROCEDURE -- PROCEDURE GENERALLY

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     This act would provide that an open and obvious danger or defect is not a complete bar to

recovery of damages in personal injury or property damage actions.

     This act would take effect upon passage.

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LC001377

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