2023 -- H 5440
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LC001007
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S TATE OF RHODE IS LAND
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2023
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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: Representatives Solomon, Craven, and Dawson
Date Introduced: February 08, 2023
Referred To: House Judiciary
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, 1
Special Findings and Assessment of Damages" is hereby amended to read as follows: 2
9-20-4. Comparative negligence. 3
In all actions hereafter brought for personal injuries, or where personal injuries have 4
resulted in death, or for injury to property, the fact that the person injured, or the owner of the 5
property or person having control over the property, may not have been in the exercise of due care, 6
the fact that the person injured may have assumed the risk of injury and/or death, or the fact that 7
the danger or defect was open and obvious shall not bar a recovery, but damages shall be diminished 8
by the finder of fact in proportion to the amount of negligence attributable to the person injured, or 9
the owner of the property or the person having control over the property. 10
SECTION 2. This act shall take effect upon passage. 11
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LC001007
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LC001007 - Page 2 of 2
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 1
statute. 2
This act would take effect upon passage. 3
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LC001007
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