Sec. 1. 14 MRSA §156, as amended by PL 1971, c. 8, is repealed.

Sec. 2. 14 MRSA §163, as enacted by PL 1969, c. 19, is repealed.

Sec. 3. 14 MRSA §165, sub-§3, ¶B, as enacted by PL 1995, c. 299, §1, is amended to read:

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

Sec. 4. 14 MRSA c. 8 is enacted to read:

CHAPTER 8

CONTRIBUTORY FAULT, CONTRIBUTION

AND SETTLEMENT

§181.__Definitions

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.

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.

2.__Fault.__"Fault" has the meaning set out in this subsection.

A.__"Fault" means negligence, breach of statutory duty or other act or omission that creates a liability in tort or