2019 -- H 5478 SUBSTITUTE A

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LC001525/SUB A

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2019

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A N   A C T

RELATING TO COURTS AND CIVIL PROCEDURE -- PROCEDURE GENERALLY

     

     Introduced By: Representatives Craven, Millea, and McEntee

     Date Introduced: February 14, 2019

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

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

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

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     9-20-4. Comparative negligence.

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     In all actions hereafter brought for personal injuries, or where personal injuries have

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resulted in death, or for injury to property, the fact that the person injured, or the owner of the

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property or person having control over the property, may not have been in the exercise of due

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care or the fact that the danger or defect was open and obvious shall not bar a recovery, but

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damages shall be diminished by the finder of fact in proportion to the amount of negligence

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attributable to the person injured, or the owner of the property or the person having control over

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the property.

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     SECTION 2. This act shall take effect upon passage; however, the "open and obvious"

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amendment shall only apply to personal injuries or personal injuries that have resulted in death or

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injury to property that occur after the passage of the act.

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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

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recovery of damages in personal injury or property damage actions.

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     This act would take effect upon passage, however the open and obvious amendment shall

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only apply to personal injuries or personal injuries that have resulted in death or injury to property

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that occur after the passage of the act.

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