2024 -- S 3041

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LC005952

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2024

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A N   A C T

RELATING TO COURTS AND CIVIL PROCEDURE -- PROCEDURE GENERALLY --

DECISIONS, SPECIAL FINDINGS AND ASSESSMENT OF DAMAGES

     

     Introduced By: Senator F. Lombardi

     Date Introduced: May 02, 2024

     Referred To: Senate 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 care,

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the fact that the person injured may have assumed the risk of injury and/or death, or the fact that

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the danger or defect was open and obvious shall not bar a recovery, but damages shall be diminished

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

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the owner of the property or the person having control over the property.

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     SECTION 2. This act shall take effect upon passage.

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LC005952

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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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     This act would add the doctrine of assumption of risk to the current comparative negligence

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statute.

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     This act would take effect upon passage.

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LC005952

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