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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