Decisions, Special Findings And Assessment Of Damages
Impact
If passed, S1044 would impact how comparative negligence is assessed in personal injury cases. Currently, parties can recover damages even if they were partially at fault, with damages decreased based on their degree of negligence. By including the assumption of risk, the bill would create a scenario where if a plaintiff is found to have taken on inherent risks, their ability to recover damages could be further limited. This change could significantly alter the landscape of personal injury litigation in Rhode Island.
Summary
Bill S1044, introduced in the Rhode Island General Assembly, aims to amend the existing law on comparative negligence in civil procedures. The bill seeks to incorporate the doctrine of 'assumption of risk' into Section 9-20-4 of the General Laws, which pertains to decisions, special findings, and assessment of damages in personal injury cases. The primary focus is to allow for a more defined approach in situations where the injured party may have assumed risks associated with their actions or circumstances leading to their injury.
Contention
The introduction of the assumption of risk doctrine has sparked debate among legislators and stakeholders. Proponents argue that it provides clarity and fairness in personal injury cases, ensuring that individuals are held accountable for their voluntary choices in risky situations. Conversely, critics fear that it may inhibit the ability of injured parties to seek just compensation if they were aware of certain dangers. Such contention emphasizes the balance between personal responsibility and the right to recover damages for injuries sustained due to another's negligence.