| Be it enacted by the People of the State of Maine as follows: |
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| | Sec. 1. 14 MRSA §156, as amended by PL 1971, c. 8, is repealed. |
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| | Sec. 2. 14 MRSA §163, as enacted by PL 1969, c. 19, is repealed. |
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| | Sec. 3. 14 MRSA §165, sub-§3, ¶B, as enacted by PL 1995, c. 299, §1, is | amended to read: |
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| B. Fault of the plaintiff to the extent that the | plaintiff's fault bars or reduces the plaintiff's recovery | under section 156 183; or |
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| | Sec. 4. 14 MRSA c. 8 is enacted to read: |
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| CONTRIBUTORY FAULT, CONTRIBUTION |
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| | As used in this chapter, unless the context otherwise | indicates, the following terms have the following meanings. |
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| | 1.__Equitable share.__"Equitable share" means a party's | percentage share of the total combined fault allocable to all | parties to the claim excluding the plaintiff, when 2 or more | parties are jointly or severally liable upon the same indivisible | claim for the same harm.__When 2 or more parties are jointly and | severally liable upon the same indivisible claim for the same | harm, a party's equitable share of fault is that party's | percentage share of the total combined fault allocable to all | parties to the claim excluding the plaintiff.__A party's | equitable share is determined by the trier of fact in percentage | terms based on the relative blameworthiness of each party's | conduct and on each party's relative causal contribution to the | plaintiff's harm.__The conduct of a party who is strictly liable | to the plaintiff may be compared to and apportioned with the | conduct of a party who is liable to the plaintiff for negligence | or recklessness. |
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| | 2.__Fault.__"Fault" has the meaning set out in this | subsection. |
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| A.__"Fault" means negligence, breach of statutory duty or other | act or omission that creates a liability in tort or |
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