2023 -- H 5440 | |
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LC001007 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2023 | |
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A N A C T | |
RELATING TO COURTS AND CIVIL PROCEDURE--PROCEDURE GENERALLY -- | |
DECISIONS, SPECIAL FINDINGS AND ASSESSMENT OF DAMAGES | |
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Introduced By: Representatives Solomon, Craven, and Dawson | |
Date Introduced: February 08, 2023 | |
Referred To: House Judiciary | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Section 9-20-4 of the General Laws in Chapter 9-20 entitled "Decisions, |
2 | Special Findings and Assessment of Damages" is hereby amended to read as follows: |
3 | 9-20-4. Comparative negligence. |
4 | In all actions hereafter brought for personal injuries, or where personal injuries have |
5 | resulted in death, or for injury to property, the fact that the person injured, or the owner of the |
6 | property or person having control over the property, may not have been in the exercise of due care, |
7 | the fact that the person injured may have assumed the risk of injury and/or death, or the fact that |
8 | the danger or defect was open and obvious shall not bar a recovery, but damages shall be diminished |
9 | by the finder of fact in proportion to the amount of negligence attributable to the person injured, or |
10 | the owner of the property or the person having control over the property. |
11 | SECTION 2. This act shall take effect upon passage. |
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LC001007 | |
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EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO COURTS AND CIVIL PROCEDURE--PROCEDURE GENERALLY -- | |
DECISIONS, SPECIAL FINDINGS AND ASSESSMENT OF DAMAGES | |
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1 | This act would add the doctrine of assumption of risk to the current comparative negligence |
2 | statute. |
3 | This act would take effect upon passage. |
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