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2023 SESSION

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HB 1431 Contributory negligence bar; abolished.

Introduced by: Phillip A. Scott (by request) | all patrons    ...    notes | add to my profiles

SUMMARY AS INTRODUCED:

Contributory negligence bar; abolished. Provides that the negligence of a plaintiff shall not automatically bar plaintiff's recovery in any action for injury, wrongful death, or property damage unless the plaintiff's negligence is (i) a proximate cause of the plaintiff's injury and (ii) greater than the aggregated total amount of negligence of all the defendants that proximately caused the plaintiff's injury. The bill further provides that any damages recoverable by the plaintiff shall be diminished by an amount that is proportionately equal to the percentage of negligent conduct of the plaintiff.


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