2017 -- S 0410

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LC001306

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2017

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A N   A C T

RELATING TO COURTS AND CIVIL PROCEDURE - PROCEDURE IN PARTICULAR

ACTIONS - CONTRIBUTION AMONG JOINT TORTFEASORS

     

     Introduced By: Senators McCaffrey, Lombardi, Conley, Nesselbush, and Archambault

     Date Introduced: March 02, 2017

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

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     SECTION 1. Chapter 10-6 of the General Laws entitled "Contribution Among Joint

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Tortfeasors" is hereby amended by adding thereto the following section:

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     10-6-2.1. Liability for additional bodily harm; right of contribution for additional

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bodily harm.

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     (a) If a negligent or intentionally tortious actor is liable for another's bodily injury, the

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tortious actor is also subject to liability for any additional bodily harm resulting from normal

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efforts of third persons in rendering aid which the other's injury reasonably requires, irrespective

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of whether such efforts are done in a proper or negligent manner.

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     (b) A tortfeasor who has discharged the common liability of tortfeasors and third persons

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rendering aid shall have a right of contribution from those third persons to the extent the latter's

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negligence caused additional bodily harm.

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     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO COURTS AND CIVIL PROCEDURE - PROCEDURE IN PARTICULAR

ACTIONS - CONTRIBUTION AMONG JOINT TORTFEASORS

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     This act would provide that an original tortfeasor is liable for a victim's enhanced injury

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from negligent third-party treatment, subject to a right of contribution against a subsequent third

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person for the amount of the negligently enhanced injury.

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     This act would take effect upon passage.

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