Bill Text: PA HB525 | 2009-2010 | Regular Session | Introduced

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Bill Title: Repealing and adding provisions relating to comparative negligence.

Spectrum: Partisan Bill (Republican 71-0)

Status: (Introduced - Dead) 2009-06-22 - Referred to JUDICIARY [HB525 Detail]

Download: Pennsylvania-2009-HB525-Introduced.html

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PRINTER'S NO. 2225
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 525 Session of2009
INTRODUCED BY TURZAI, BAKER, BARRAR, BEAR, BENNINGHOFF, BEYER, BOBACK, BOYD, BROOKS, CAUSER, CLYMER, COX, CREIGHTON, CUTLER, DENLINGER, ELLIS, EVERETT, FAIRCHILD, FLECK, GABIG, GABLER, GINGRICH, GODSHALL, GRELL, GROVE, HARRIS, HELM, HESS, HICKERNELL, HUTCHINSON, KAUFFMAN, M. KELLER, KILLION, KRIEGER, MAJOR, MARSHALL, MARSICO, MENSCH, METCALFE, MILLARD, MILLER, MILNE, MOUL, MUSTIO, OBERLANDER, O'NEILL, PERRY, PETRI, PHILLIPS, PICKETT, PYLE, QUIGLEY, QUINN, RAPP, REED, REESE, REICHLEY, ROAE, ROCK, ROHRER, ROSS, SAYLOR, SCHRODER, S. H. SMITH, SONNEY, STERN, STEVENSON, SWANGER, TALLMAN, VULAKOVICH AND WATSON, JUNE 22, 2009
REFERRED TO COMMITTEE ON JUDICIARY, JUNE 22, 2009
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, repealing and adding
provisions relating to comparative negligence.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 7102 of Title 42 of the Pennsylvania
Consolidated Statutes is repealed:
[§ 7102. Comparative negligence.
(a) General rule.--In all actions brought to recover damages
for negligence resulting in death or injury to person or
property, the fact that the plaintiff may have been guilty of
contributory negligence shall not bar a recovery by the
plaintiff or his legal representative where such negligence was
not greater than the causal negligence of the defendant or
defendants against whom recovery is sought, but any damages
sustained by the plaintiff shall be diminished in proportion to
the amount of negligence attributed to the plaintiff.
(b) Recovery against joint defendant; contribution.--Where
recovery is allowed against more than one defendant, each
defendant shall be liable for that proportion of the total
dollar amount awarded as damages in the ratio of the amount of
his causal negligence to the amount of causal negligence
attributed to all defendants against whom recovery is allowed.
The plaintiff may recover the full amount of the allowed
recovery from any defendant against whom the plaintiff is not
barred from recovery. Any defendant who is so compelled to pay
more than his percentage share may seek contribution.
(b.3) Off-road vehicle riding.--
(1) Off-road vehicle riding area operators shall have no
duty to protect riders from common, frequent, expected and
nonnegligent risks inherent to the activity, including
collisions with riders or objects.
(2) The doctrine of knowing voluntary assumption of risk
shall apply to all actions to recover damages for negligence
resulting in death or injury to person or property brought
against any off-road vehicle riding area operator.
(3) Nothing in this subsection shall be construed in any
way to abolish or modify a cause of action against a
potentially responsible party other than an off-road vehicle
riding area operator.
(c) Downhill skiing.--
(1) The General Assembly finds that the sport of
downhill skiing is practiced by a large number of citizens of
this Commonwealth and also attracts to this Commonwealth
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large numbers of nonresidents significantly contributing to
the economy of this Commonwealth. It is recognized that as in
some other sports, there are inherent risks in the sport of
downhill skiing.
(2) The doctrine of voluntary assumption of risk as it
applies to downhill skiing injuries and damages is not
modified by subsections (a) and (b).
(d) Definitions.--As used in this section the following
words and phrases shall have the meanings given to them in this
subsection:
"Defendant or defendants." Includes impleaded defendants.
"Off-road vehicle." A motorized vehicle that is used off-
road for sport or recreation. The term includes snowmobiles,
all-terrain vehicles, motorcycles and four-wheel drive vehicles.
"Off-road vehicle riding area." Any area or facility
providing recreational activities for off-road vehicles.
"Off-road vehicle riding area operator." A person or
organization owning or having operational responsibility for any
off-road vehicle riding area. The term includes:
(1) Agencies and political subdivisions of this
Commonwealth.
(2) Authorities created by political subdivisions.
(3) Private companies.
"Plaintiff." Includes counter claimants and cross-
claimants.]
Section 2. Title 42 is amended by adding a section to read:
§ 7102.1. Comparative negligence.
(a) General rule.--In all actions brought to recover damages
for negligence resulting in death or injury to person or
property, the fact that the plaintiff may have been guilty of
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contributory negligence shall not bar a recovery by the
plaintiff or his legal representative where such negligence was
not greater than the causal negligence of the defendant or
defendants against whom recovery is sought, but any damages
sustained by the plaintiff shall be diminished in proportion to
the amount of negligence attributed to the plaintiff.
(b) Recovery against joint defendant; contribution.--
(1) Where recovery is allowed against more than one
person, including actions for strict liability, and where
liability is attributed to more than one defendant, each
defendant shall be liable for that proportion of the total
dollar amount awarded as damages in the ratio of the amount
of that defendant's liability to the amount of liability
attributed to all defendants and other persons to whom
liability is apportioned under subsection (c).
(2) Except as set forth in paragraph (3), a defendant's
liability shall be several and not joint, and the court shall
enter a separate and several judgment in favor of the
plaintiff and against each defendant for the apportioned
amount of that defendant's liability.
(3) A defendant's liability in any of the following
actions shall be joint and several, and the court shall enter
a joint and several judgment in favor of the plaintiff and
against the defendant for the total dollar amount awarded as
damages:
(i) Intentional misrepresentation.
(ii) An intentional tort.
(iii) Where a defendant has been held liable for not
less than 60% of the total liability apportioned to all
parties.
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(iv) A release or threatened release of a hazardous
substance under section 702 of the act of October 18,
1988 (P.L.756, No.108), known as the Hazardous Sites
Cleanup Act.
(v) A civil action in which a defendant has violated
section 497 of the act of April 12, 1951 (P.L.90, No.21),
known as the Liquor Code.
(4) Where a defendant has been held jointly and
severally liable under this subsection and discharges by
payment more than that defendant's proportionate share of the
total liability, that defendant is entitled to recover
contribution from defendants who have paid less than their
proportionate share. Further, in any case, any defendant may
recover from any other person all or a portion of the damages
assessed that defendant pursuant to the terms of a
contractual agreement.
(c) Apportionment of responsibility among certain nonparties
and effect.--For purposes of apportioning liability only, the
question of liability of any defendant or other person who has
entered into a release with the plaintiff with respect to the
action and who is not a party shall be transmitted to the trier
of fact upon appropriate requests and proofs by any party. A
person whose liability may be determined under this section does
not include an employer to the extent that the employer is
granted immunity from liability or suit under the act of June 2,
1915 (P.L.736, No.338), known as the Workers' Compensation Act.
An attribution of responsibility to any person or entity as
provided in this subsection shall not be admissible or relied
upon in any other action or proceeding for any purpose. Nothing
in this section shall affect the admissibility or
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nonadmissibility of evidence regarding releases, settlements,
offers to compromise or compromises as set forth in the
Pennsylvania Rules of Evidence. Nothing in this section shall
affect the rules of joinder of parties as set forth in the
Pennsylvania Rules of Civil Procedure.
(d) Off-road vehicle riding.--
(1) Off-road vehicle riding area operators shall have no
duty to protect riders from common, frequent, expected and
nonnegligent risks inherent to the activity, including
collisions with riders or objects.
(2) The doctrine of knowing voluntary assumption of risk
shall apply to all actions to recover damages for negligence
resulting in death or injury to person or property brought
against any off-road vehicle riding area operator.
(3) Nothing in this subsection shall be construed in any
way to abolish or modify a cause of action against a
potentially responsible party other than an off-road vehicle
riding area operator.
(e) Downhill skiing.--
(1) The General Assembly finds that the sport of
downhill skiing is practiced by a large number of citizens of
this Commonwealth and also attracts to this Commonwealth
large numbers of nonresidents significantly contributing to
the economy of this Commonwealth. It is recognized that as in
some other sports, there are inherent risks in the sport of
downhill skiing.
(2) The doctrine of voluntary assumption of risk as it
applies to downhill skiing injuries and damages is not
modified by subsections (a) and (b).
(f) Savings provisions.--Nothing in this section shall be
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construed in any way to create, abolish or modify a cause of
action or to limit a party's right to join another potentially
responsible party.
(g) Definitions.--As used in this section the following
words and phrases shall have the meanings given to them in this
subsection:
"Defendant." Includes an impleaded defendant.
"Off-road vehicle." A motorized vehicle that is used off
road for sport or recreation. The term includes snowmobiles,
all-terrain vehicles, motorcycles and four-wheel drive vehicles.
"Off-road vehicle riding area." Any area or facility
providing recreational activities for off-road vehicles.
"Off-road vehicle riding area operator." A person or
organization owning or having operational responsibility for any
off-road vehicle riding area. The term includes:
(1) Agencies and political subdivisions of this
Commonwealth.
(2) Authorities created by political subdivisions.
(3) Private companies.
"Plaintiff." Includes counter claimants and cross-claimants.
Section 3. Nothing in the repeal or addition of 42 Pa.C.S. §
7102 or 7102.1 or under the act of June 19, 2002 (P.L.394,
No.57), entitled "An act amending Title 42 (Judiciary and
Judicial Procedure) of the Pennsylvania Consolidated Statutes,
providing for DNA testing of certain offenders; reestablishing
the State DNA Data Base and the State DNA Data Bank; further
providing for duties of the Pennsylvania State Police; imposing
costs on certain offenders; reestablishing the DNA Detection
Fund; further providing for the apportionment of liability and
damages; imposing penalties; and making a repeal," shall be
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construed to diminish the immunity of an employer to the extent
that the employer is granted immunity from liability or suit
pursuant to the act of June 2, 1915 (P.L.736, No.338), known as
the Workers' Compensation Act.
Section 4. The repeal or addition of 42 Pa.C.S. §§ 7102 and
7102.1 shall apply to causes of action which accrue on or after
the effective date of this section.
Section 5. This act shall take effect immediately.
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