Bill Text: PA SB500 | 2011-2012 | Regular Session | Introduced

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Bill Title: In civil actions and proceedings, further providing for comparative negligence.

Spectrum: Moderate Partisan Bill (Democrat 14-4)

Status: (Introduced - Dead) 2011-02-11 - Referred to JUDICIARY [SB500 Detail]

Download: Pennsylvania-2011-SB500-Introduced.html

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PRINTER'S NO. 500
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 500 Session of2011
INTRODUCED BY GREENLEAF, KASUNIC, KITCHEN, LEACH, ERICKSON, FOLMER, COSTA, YAW, HUGHES, TARTAGLIONE, BOSCOLA, FERLO, FONTANA, SOLOBAY, YUDICHAK, BLAKE, WILLIAMS, BREWSTER AND DINNIMAN, FEBRUARY 11, 2011
REFERRED TO JUDICIARY, FEBRUARY 11, 2011
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, in civil actions and
proceedings, further providing for 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Consolidated Statutes is repealed: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
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
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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.--
(1) 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
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was not greater than 50%, but any damages sustained by the
plaintiff shall be diminished in proportion to the amount of
negligence attributed to the plaintiff.
(2) 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. Except as provided in paragraph (3), the
plaintiff may recover the full amount of the allowed recovery
from any defendant from whom recovery is allowed. Any
defendant who is so compelled to pay more than his percentage
share may seek contribution.
(3) Joint liability is abolished as to any defendant
whose percentage share of liability is less than the
percentage share attributed to the plaintiff. The plaintiff
may not recover damages from such a defendant in excess of
that defendant's percentage share.
(b) 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
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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
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 subsection (a).
(d) Savings provisions.--Nothing in this section shall be
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.
(e) 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.
20110SB0500PN0500 - 5 -
(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 shall be 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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