LD 1795
pg. 3
Page 2 of 7 An Act to Validate Pierringer Releases and Reform Procedures in Multiparty Laws... Page 4 of 7
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LR 2500
Item 1

 
to other parties, the claim is barred if the plaintiff's fault is
equal to or greater than that of all other parties to the claim.

 
2.__Reduce recovery.__When fault of the plaintiff is less than
that of the other parties, the plaintiff's recovery must be
reduced to the extent that is just and equitable having regard to
the plaintiff's share of fault for the harm.

 
3.__Failure to mitigate.__The plaintiff's failure to mitigate
damages after a wrong has occurred is not contributory fault; but
such failure may reduce the total damages that plaintiff can
claim were proximately caused by those found liable for the
initial harm.

 
§183.__Procedure for reduction

 
1.__Reduction procedure.__When the plaintiff is entitled to a
recovery that is reduced for contributory fault, the trier of
fact shall, unless otherwise agreed by all parties:

 
A.__Find the total damages that the plaintiff would be
entitled to recover if contributory fault were disregarded;

 
B.__Reduce the total damages by dollars and cents to an
amount considered just and equitable, having regard to the
plaintiff's share of fault; and

 
C.__Return both amounts with the knowledge that the lesser
figure is the final verdict.

 
§184.__Joint and several liability; findings

 
When 2 or more defendants are found liable upon the same
indivisible claim for the same harm, each is jointly and
severally liable to the plaintiff for the full amount of the
plaintiff's recovery.__Upon timely request of any party, the
trier of fact shall find in percentage terms the equitable share
of fault contributed by each tortfeasor.__When the liability of
one party is purely vicarious to that of another or when justice
otherwise requires, the court may determine that 2 or more
parties are to be treated as one.

 
§185.__Right of contribution

 
1.__Existence of the right.__Except as otherwise stated in
this section, when 2 or more parties are at fault for causing the
same harm to the same plaintiff, there is a right of contribution
among them, even though judgment has not been recovered against
all or any of them.


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