LD 1795
pg. 2
Page 1 of 7 An Act to Validate Pierringer Releases and Reform Procedures in Multiparty Laws... Page 3 of 7
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LR 2500
Item 1

 
that would, apart from this chapter, give rise to the defense
of contributory negligence.

 
B.__"Fault" includes acts or omissions that are in any
measure negligent or reckless toward person or property, or
that subject a party to strict tort liability.__"Fault" also
includes breach of warranty, unreasonable assumption of risk
not constituting an enforceable express consent, misuse of a
product for which a party otherwise would be liable and an
unreasonable failure to avoid harm.

 
In determining relative fault, in percentages or otherwise, the
trier of fact shall consider both the nature of the conduct of
each party at fault and the extent of the causal relation between
the conduct and the damages claimed.__Legal requirements for
causal relation apply both to fault as the basis for liability
and to contributory fault.

 
3.__Harm.__"Harm" means injury, death, damage or loss
sufficient to sustain a legal action based on fault.

 
4.__Plaintiff.__"Plaintiff" means a party entitled to make a
claim for damages regardless of whether suit is actually filed
and regardless of the procedure by which the claim may be
asserted in court, including, but not limited to, in a
counterclaim or cross-claim.

 
5.__Parties.__In addition to the plaintiff, "parties" means
those who are, at the time that plaintiff's right of action
accrues, potentially liable on the basis of fault to pay damages
either to the plaintiff directly or in contribution to another
for the same harm.__"Parties" includes not only those who are
before the court but also those who might without immunity have
been brought before a court with jurisdiction to impose a fault-
based award for the plaintiff's harm.

 
6.__Right of contribution.__"Right of contribution means the
sharing of a loss or payment by 2 or more parties.

 
7.__Tortfeasor.__"Tortfeasor" means a party liable on the
basis of fault to pay damages either to the plaintiff directly or
in contribution to another for the same harm.__"Tortfeasor"
includes a party whose fault-based liability arises in contract
from breach of warranty or the like.

 
§182.__Effect of plaintiff's fault

 
1.__Bar.__In a claim for harm that results partly from fault
attributable to the plaintiff and partly from fault attributable


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