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| 4 | 4 | | |
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| 5 | 5 | | 2023 -- H 5440 |
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| 6 | 6 | | ======== |
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| 7 | 7 | | LC001007 |
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| 8 | 8 | | ======== |
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| 9 | 9 | | S TATE OF RHODE IS LAND |
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| 10 | 10 | | IN GENERAL ASSEMBLY |
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| 11 | 11 | | JANUARY SESSION, A.D. 2023 |
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| 12 | 12 | | ____________ |
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| 13 | 13 | | |
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| 14 | 14 | | A N A C T |
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| 15 | 15 | | RELATING TO COURTS AND CIVIL PROCEDURE--PROCEDURE GENERALLY -- |
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| 16 | 16 | | DECISIONS, SPECIAL FINDINGS AND ASSESSMENT OF DAMAGES |
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| 17 | 17 | | Introduced By: Representatives Solomon, Craven, and Dawson |
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| 18 | 18 | | Date Introduced: February 08, 2023 |
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| 19 | 19 | | Referred To: House Judiciary |
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| 20 | 20 | | |
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| 21 | 21 | | |
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| 22 | 22 | | It is enacted by the General Assembly as follows: |
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| 23 | 23 | | SECTION 1. Section 9-20-4 of the General Laws in Chapter 9-20 entitled "Decisions, 1 |
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| 24 | 24 | | Special Findings and Assessment of Damages" is hereby amended to read as follows: 2 |
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| 25 | 25 | | 9-20-4. Comparative negligence. 3 |
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| 26 | 26 | | In all actions hereafter brought for personal injuries, or where personal injuries have 4 |
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| 27 | 27 | | resulted in death, or for injury to property, the fact that the person injured, or the owner of the 5 |
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| 28 | 28 | | property or person having control over the property, may not have been in the exercise of due care, 6 |
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| 29 | 29 | | the fact that the person injured may have assumed the risk of injury and/or death, or the fact that 7 |
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| 30 | 30 | | the danger or defect was open and obvious shall not bar a recovery, but damages shall be diminished 8 |
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| 31 | 31 | | by the finder of fact in proportion to the amount of negligence attributable to the person injured, or 9 |
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| 32 | 32 | | the owner of the property or the person having control over the property. 10 |
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| 33 | 33 | | SECTION 2. This act shall take effect upon passage. 11 |
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| 34 | 34 | | ======== |
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| 35 | 35 | | LC001007 |
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| 36 | 36 | | ======== |
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| 37 | 37 | | |
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| 38 | 38 | | |
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| 39 | 39 | | LC001007 - Page 2 of 2 |
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| 40 | 40 | | EXPLANATION |
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| 41 | 41 | | BY THE LEGISLATIVE COUNCIL |
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| 42 | 42 | | OF |
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| 43 | 43 | | A N A C T |
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| 44 | 44 | | RELATING TO COURTS AND CIVIL PROCEDURE--PROCEDURE GENERALLY -- |
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| 45 | 45 | | DECISIONS, SPECIAL FINDINGS AND ASSESSMENT OF DAMAGES |
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| 46 | 46 | | *** |
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| 47 | 47 | | This act would add the doctrine of assumption of risk to the current comparative negligence 1 |
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| 48 | 48 | | statute. 2 |
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| 49 | 49 | | This act would take effect upon passage. 3 |
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| 50 | 50 | | ======== |
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| 51 | 51 | | LC001007 |
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| 52 | 52 | | ======== |
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