An Act Regarding Comparative Negligence

Sec. 1. 14 MRSA §156, first ¶,  as amended by PL 1999, c. 633, §1 and affected by §3, is further amended to read:

When any person suffers death or damage as a result partly of that person's own fault and partly of the fault of any other person or persons, a claim in respect of that death or damage may not be defeated by reason of the fault of the person suffering the damage, but the damages recoverable in respect thereof must be reduced to such extent as the jury thinks just and equitable having regard to the claimant's share in the responsibility for the damage. If the jury finds that the fault of the claimant is greater than the fault of all other persons, the claimant may not recover.

Sec. 2. 14 MRSA §156, 4th ¶,  as amended by PL 1999, c. 633, §1 and affected by §3, is repealed.

SUMMARY

This bill amends the laws governing comparative negligence. This bill provides that if a jury finds that the fault of a claimant is greater than the fault of all other persons, the claimant may not recover.