Decisions, Special Findings And Assessment Of Damages
Impact
The amendment would modify the state's handling of negligence claims by establishing that the presence of assumption of risk does not eliminate a plaintiff's ability to recover damages. Instead, it introduces a nuanced approach where damages are reduced rather than denied based on the plaintiff's actions or circumstances. This particular modification is significant as it could lead to an increase in claims filed where the plaintiffs may have previously refrained from doing so due to self-imposed risks.
Summary
House Bill 5440, introduced in the Rhode Island General Assembly, seeks to amend the existing statute concerning comparative negligence as it relates to personal injury cases. This legislation aims to include the doctrine of assumption of risk in the assessment of damages for personal injuries, property damage, or wrongful death cases. Under the proposed changes, if a plaintiff is found to have assumed the risk of injury, it does not bar them from recovering damages, although their recovery may be reduced according to the degree of negligence assigned to them.
Contention
Discussions surrounding HB 5440 may involve concerns regarding how this amendment could potentially impact litigation outcomes. Supporters of the bill may argue that by allowing recovery even when assumption of risk is present acknowledges the complexity of personal injury claims and provides fairer outcomes for plaintiffs. Conversely, opponents might express that such changes could encourage more frivolous lawsuits or increase liability for defendants, particularly in cases where the injured party has a clear responsibility for their own safety.