The bill amends Section 9-20-4 of the General Laws in Chapter 9-20, which is entitled "Decisions, Special Findings and Assessment of Damages." The amendment introduces the concept of comparative negligence into the law. Specifically, it adds language to the existing statute to include that in personal injury cases, or cases where personal injuries have resulted in death, or for injury to property, the fact that the injured person may have assumed the risk of injury and/or death will not prevent them from recovering damages. However, any damages awarded will be reduced in proportion to the negligence attributed to the injured party, the owner of the property, or the person in control of the property.

The explanation provided by the Legislative Council clarifies that the act incorporates the doctrine of assumption of risk into the current comparative negligence statute. This means that even if an injured party is found to have voluntarily taken on a risk that led to their injury or death, they may still be entitled to compensation, albeit reduced by their share of fault. The act is set to take effect immediately upon passage.

Statutes affected:
3041: 9-20-4