2004 -- H 7849

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LC02372

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2004

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A N A C T

RELATING TO COURTS AND CIVIL PROCEDURE

     Introduced By: Representatives Schadone, Rose, Malik, Petrarca, and Corvese

     Date Introduced: February 12, 2004

     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. -- In all actions hereafter brought for personal injuries,

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or where personal injuries have resulted in death, or for injury to property, the fact that the person

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injured, or the owner of the property or person having control over the property, may not have

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been in the exercise of due care shall not bar a recovery, but damages shall be diminished by the

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finder of fact in proportion to the amount of negligence attributable to the person injured, or the

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owner of the property or the person having control over the property. The defense of assumption

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of the risk is hereby abolished in all actions hereunder.

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     SECTION 2. This act shall take effect upon passage.

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LC02372

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO COURTS AND CIVIL PROCEDURE

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     This act would abolish the defense of assumption of the risk.

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     This act would take effect upon passage.

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LC02372

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