WV SB2 | 2015 | Regular Session

Status

Spectrum: Partisan Bill (Republican 11-0)
Status: Introduced on January 14 2015 - 25% progression, died in committee
Action: 2015-01-14 - To Judiciary
Pending: Senate Judiciary Committee
Text: Latest bill text (Introduced) [HTML]

Summary

The purpose of this bill is to predicates actions for damages upon principles of comparative fault. The bill establishes the comparative fault standard. The bill abolishes joint liability and implements several liability. The bill establishes how to consider the fault of nonparties. The bill establishes how to consider the fault of, and the amounts paid by, settling parties. The bill provides for the use of special interrogatories. The bill clarifies fault may be imputed to another person who was acting as an agent or servant of another. The bill allows the assessment of a percentage of fault for failing to take reasonable precautionary measures that were available. The bill precludes the allocation of fault to a person such as a seller, distributor or installer on a strict product liability theory where that person did not contribute to the alleged defect. The bill provides for the burden of proof and limitations. The bill defines terms.

Tracking Information

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Title

Predicating actions for damages upon comparative fault principles

Sponsors


History

DateChamberAction
2015-01-14SenateTo Judiciary
2015-01-14SenateIntroduced in Senate
2015-01-14SenateTo Judiciary
2015-01-14SenateFiled for introduction

Same As/Similar To

hb2002 (Same As) 2015-04-15 - Chapter 59, Acts, Regular Session, 2015

Subjects


Code Citations

ChapterArticleSectionCitation TypeStatute Text
55713Repealed CodeCitation Text
55713aNew CodeSee Bill Text
55713bNew CodeSee Bill Text
55713cNew CodeSee Bill Text
55713dNew CodeSee Bill Text
55724Repealed CodeCitation Text

West Virginia State Sources


Bill Comments

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