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 | |
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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: | |
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 |
7 | care or the fact that the danger or defect was open and obvious shall not bar a recovery, but |
8 | damages shall be diminished by the finder of fact in proportion to the amount of negligence |
9 | attributable to the person injured, or the owner of the property or the person having control over |
10 | the property. |
11 | SECTION 2. This act shall take effect upon passage; however, the "open and obvious" |
12 | amendment shall only apply to personal injuries or personal injuries that have resulted in death or |
13 | injury to property that occur after the passage of the act. |
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LC001525/SUB A | |
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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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1 | This act would provide that an open and obvious danger or defect is not a complete bar to |
2 | recovery of damages in personal injury or property damage actions. |
3 | This act would take effect upon passage, however the open and obvious amendment shall |
4 | only apply to personal injuries or personal injuries that have resulted in death or injury to property |
5 | that occur after the passage of the act. |
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