2010 Pennsylvania Code
Title 42 - JUDICIARY AND JUDICIAL PROCEDURE
Chapter 71 - General Provisions
7102 - Comparative negligence.
§ 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.1) Recovery against joint defendant; contribution.-- (Unconstitutional). (b.2) Apportionment of responsibility among certain nonparties and effect.--(Unconstitutional). (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). (c.1) Savings provisions.--(Unconstitutional). (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. (Apr. 28, 1978, P.L.202, No.53, eff. 60 days; Oct. 5, 1980, P.L.693, No.142, eff. 60 days; Dec. 20, 1982, P.L.1409, No.326, eff. 60 days; June 19, 2002, P.L.394, No.57, eff. 60 days; July 15, 2004, P.L.736, No.87, eff. imd.) 2007 Effectuation of Declaration of Unconstitutionality. The Legislative Reference Bureau effectuated the 2005 unconstitutionality. 2005 Unconstitutionality. Act 57 of 2002 was declared unconstitutional. Deweese v. Weaver, 880 A.2d 54 (Pa. Commonwealth 2005). 2004 Amendment. Act 87 amended subsec. (d) and added subsec. (b.3). 2002 Amendment. Section 6 of Act 57 provided that the amendment of section 7102 shall apply to all causes of action that accrue after the effective date of section 6.
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