RELATING TO COURTS AND CIVIL PROCEDURE -- PROCEDURE GENERALLY --, DECISIONS, SPECIAL FINDINGS AND ASSESSMENT OF DAMAGES
Impact
The introduction of this bill could profoundly impact how personal injury cases are litigated in Rhode Island. By explicitly incorporating the doctrine of assumption of risk into the comparative negligence framework, the bill may lead to a higher threshold for recovering damages for injured individuals. This could mean that juries will be instructed to consider not only the negligence of the defendant but also the actions and knowledge of the injured victim, potentially resulting in lower damage awards in certain cases. Stakeholders in the insurance and legal fields are likely to scrutinize these changes closely, as they can influence overall liability and insurance premium structures.
Summary
Bill S3190 proposes an amendment to the existing comparative negligence statute under Rhode Island's civil procedure law. It aims to add the doctrine of 'assumption of risk' to the legal considerations when assessing damages in personal injury cases. This addition would signify that even if a person injured themselves by not exercising due care or if they were aware of the risks associated with their action, it would not completely bar their right to recover damages. Instead, any awarded damages would be allocated based on the degree of negligence attributed to the injured party.
Contention
While the intent behind S3190 is to clarify liability parameters, notable points of contention are expected to arise. Advocates for victim rights and personal injury lawyers may raise concerns that the bill unduly favors defendants, possibly leading to discouragement of legitimate claims by injured parties. Critics may argue that individuals should not be penalized for accidents that occur in circumstances of assumed risk, especially if the risk was not clearly communicated or apparent at the time of the injury. The balance of rights between plaintiffs and defendants represents a critical discussion as the bill moves through the legislative process.
Prohibits gender transition procedures for all minors, uses of public funds, discipline for health care providers, a 30 year statute of limitation, after reaching age of majority, and right to a civil action for damages.
Provides equal Medicare for infants born-alive as a result of abortion procedure/natural delivery with violations subject to criminal penalties for medical personnel/loss of license/civil action for damages.
Amends the administrative procedures act and provides that on the review of an agency decision by a court upon appeal, the court shall decide questions of law without deference to any previous determination or interpretation of the law by the agency.