THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

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Consolidated Statutes is repealed: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

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

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

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.

(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.