PRINTER'S NO. 3958
No. 2681 Session of 2002
INTRODUCED BY FRANKEL, MANN, STETLER, STURLA, TRICH, COY AND
MICHLOVIC, JUNE 5, 2002
REFERRED TO COMMITTEE ON JUDICIARY, JUNE 5, 2002
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the
2 Pennsylvania Consolidated Statutes, further providing for
3 comparative negligence.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Section 7102 of Title 42 of the Pennsylvania
7 Consolidated Statutes is amended to read:
8 § 7102. Comparative negligence and apportionment of damages.
9 (a) General rule.--In all actions brought to recover damages
10 for negligence resulting in death or injury to person or
11 property, the fact that the plaintiff may have been guilty of
12 contributory negligence shall not bar a recovery by the
13 plaintiff or his legal representative where such negligence was
14 not greater than the causal negligence of the defendant or
15 defendants against whom recovery is sought, but any damages
16 sustained by the plaintiff shall be diminished in proportion to
17 the amount of negligence attributed to the plaintiff.
18 [(b) Recovery against joint defendant; contribution.--Where
1 recovery is allowed against more than one defendant, each
2 defendant shall be liable for that proportion of the total
3 dollar amount awarded as damages in the ratio of the amount of
4 his causal negligence to the amount of causal negligence
5 attributed to all defendants against whom recovery is allowed.
6 The plaintiff may recover the full amount of the allowed
7 recovery from any defendant against whom the plaintiff is not
8 barred from recovery. Any defendant who is so compelled to pay
9 more than his percentage share may seek contribution.]
10 (b) Determination of responsibility and apportionment of
11 damages.--In all actions involving allegations of causal
12 negligence against more than one defendant, and in actions
13 alleging strict liability for products liability damage, the
14 trier of fact shall determine the proportionate share of
15 liability, if any, for each defendant. If more than one
16 defendant is found liable, each liable defendant shall be liable
17 for that portion of the total damages represented by that
18 party's liability as a ratio of the liability attributable to
19 all defendants, except as provided in subsection (b.1).
20 (b.1) Joint and several liability.--A defendant shall be
21 jointly and severally liable for a plaintiff's damages when:
22 (1) the defendant's liability as determined by the trier
23 of fact under subsection (b) exceeds 50%; or
24 (2) the trier of fact determines that the plaintiff's
25 damages were caused by the willful misconduct of the
26 defendant.
27 (b.2) Contribution.--A defendant who pays more than the
28 defendant's proportionate share of damages under subsection
29 (b.1) may seek contribution from defendants who have paid less
30 than their proportionate share.
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1 (c) Downhill skiing.--
2 (1) The General Assembly finds that the sport of
3 downhill skiing is practiced by a large number of citizens of
4 this Commonwealth and also attracts to this Commonwealth
5 large numbers of nonresidents significantly contributing to
6 the economy of this Commonwealth. It is recognized that as in
7 some other sports, there are inherent risks in the sport of
8 downhill skiing.
9 (2) The doctrine of voluntary assumption of risk as it
10 applies to downhill skiing injuries and damages is not
11 modified by subsections (a) and (b).
12 (d) Limitation.--Nothing in this section shall affect the
13 scope of liability for a release or a threatened release of a
14 hazardous substance under section 702 of the act of October 18,
15 1988 (P.L.756, No.108), known as the Hazardous Sites Cleanup
16 Act.
17 [(d)] (e) Definitions.--As used in this section the
18 following words and phrases shall have the meanings given to
19 them in this subsection:
20 "Defendant or defendants against whom recovery is sought."
21 Includes impleaded defendants.
22 "Plaintiff." Includes counterclaimants and cross-claimants.
23 Section 2. This act shall take effect in 60 days.
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