Chapter 256

2019 -- S 1021 Enacted 07/15/2019

A N   A C T

RELATING TO COURTS AND CIVIL PROCEDURE -- PROCEDURE GENERALLY

Introduced By: Senator Stephen R. Archambault

Date Introduced: June 26, 2019

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; however, the "open and obvious"

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

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

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LC002863

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