2018 -- S 2862

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LC005534

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2018

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A N   A C T

RELATING TO COURTS AND CIVIL PROCEDURE -- PROCEDURE GENERALLY

     Introduced By: Senators Archambault, Lombardi, Jabour, and Lynch Prata

     Date Introduced: May 03, 2018

     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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LC005534

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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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LC005534

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