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Comparative negligence - 42 Pa. Cons. Stat. § 7102

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     § 7102.  Comparative negligence.
        (a)  General rule.--In all actions brought to recover damages
     for negligence resulting in death or injury to person or
     property, the fact that the plaintiff may have been guilty of
     contributory negligence shall not bar a recovery by the
     plaintiff or his legal representative where such negligence was
     not greater than the causal negligence of the defendant or
     defendants against whom recovery is sought, but any damages
     sustained by the plaintiff shall be diminished in proportion to
     the amount of negligence attributed to the plaintiff.
        (b)  Recovery against joint defendant; contribution.--
     (Deleted by amendment).
        (b.1)  Recovery against joint defendant; contribution.--
            (1)  Where recovery is allowed against more than one
        person, including actions for strict liability, and where
        liability is attributed to more than one defendant, each
        defendant shall be liable for that proportion of the total
        dollar amount awarded as damages in the ratio of the amount
        of that defendant's liability to the amount of liability
        attributed to all defendants and other persons to whom
        liability is apportioned under subsection (b.2).
            (2)  Except as set forth in paragraph (3), a defendant's
        liability shall be several and not joint, and the court shall
        enter a separate and several judgment in favor of the
        plaintiff and against each defendant for the apportioned
        amount of that defendant's liability.
            (3)  A defendant's liability in any of the following
        actions shall be joint and several, and the court shall enter
        a joint and several judgment in favor of the plaintiff and
        against the defendant for the total dollar amount awarded as
        damages:
                (i)  Intentional misrepresentation.
                (ii)  An intentional tort.
                (iii)  Where a defendant has been held liable for not
            less than 60% of the total liability apportioned to all
            parties.
                (iv)  A release or threatened release of a hazardous
            substance under section 702 of the act of October 18,
            1988 (P.L.756, No.108), known as the Hazardous Sites
            Cleanup Act.
                (v)  A civil action in which a defendant has violated
            section 497 of the act of April 12, 1951 (P.L.90, No.21),
            known as the Liquor Code.
            (4)  Where a defendant has been held jointly and
        severally liable under this subsection and discharges by
        payment more than that defendant's proportionate share of the
        total liability, that defendant is entitled to recover
        contribution from defendants who have paid less than their
        proportionate share. Further, in any case, any defendant may
        recover from any other person all or a portion of the damages
        assessed that defendant pursuant to the terms of a
        contractual agreement.
        (b.2)  Apportionment of responsibility among certain
     nonparties and effect.--For purposes of apportioning liability
     only, the question of liability of any defendant or other person
     who has entered into a release with the plaintiff with respect
     to the action and who is not a party shall be transmitted to the
     trier of fact upon appropriate requests and proofs by any party.
     A person whose liability may be determined pursuant to this
     section does not include an employer to the extent that the
     employer is granted immunity from liability or suit pursuant to
     the act of June 2, 1915 (P.L.736, No.338), known as the Workers'
     Compensation Act. An attribution of responsibility to any person
     or entity as provided in this subsection shall not be admissible
     or relied upon in any other action or proceeding for any
     purpose. Nothing in this section shall affect the admissibility
     or nonadmissibility of evidence regarding releases, settlements,
     offers to compromise or compromises as set forth in the
     Pennsylvania Rules of Evidence. Nothing in this section shall
     affect the rules of joinder of parties as set forth in the
     Pennsylvania Rules of Civil Procedure.
        (b.3)  Off-road vehicle riding.--
            (1)  Off-road vehicle riding area operators shall have no
        duty to protect riders from common, frequent, expected and
        nonnegligent risks inherent to the activity, including
        collisions with riders or objects.
            (2)  The doctrine of knowing voluntary assumption of risk
        shall apply to all actions to recover damages for negligence
        resulting in death or injury to person or property brought
        against any off-road vehicle riding area operator.
            (3)  Nothing in this subsection shall be construed in any
        way to abolish or modify a cause of action against a
        potentially responsible party other than an off-road vehicle
        riding area operator.
        (c)  Downhill skiing.--
            (1)  The General Assembly finds that the sport of
        downhill skiing is practiced by a large number of citizens of
        this Commonwealth and also attracts to this Commonwealth
        large numbers of nonresidents significantly contributing to
        the economy of this Commonwealth. It is recognized that as in
        some other sports, there are inherent risks in the sport of
        downhill skiing.
            (2)  The doctrine of voluntary assumption of risk as it
        applies to downhill skiing injuries and damages is not
        modified by subsections (a) and (b.1).
        (c.1)  Savings provisions.--Nothing in this section shall be
     construed in any way to create, abolish or modify a cause of
     action or to limit a party's right to join another potentially
     responsible party.
        (d)  Definitions.--As used in this section the following
     words and phrases shall have the meanings given to them in this
     subsection:
        "Defendant or defendants."  Includes impleaded defendants.
        "Off-road vehicle."  A motorized vehicle that is used off-
     road for sport or recreation. The term includes snowmobiles,
     all-terrain vehicles, motorcycles and four-wheel drive vehicles.
        "Off-road vehicle riding area."  Any area or facility
     providing recreational activities for off-road vehicles.
        "Off-road vehicle riding area operator."  A person or
     organization owning or having operational responsibility for any
     off-road vehicle riding area. The term includes:
            (1)  Agencies and political subdivisions of this
        Commonwealth.
            (2)  Authorities created by political subdivisions.
            (3)  Private companies.
        "Plaintiff."  Includes counter claimants and cross-claimants.
     (Apr. 28, 1978, P.L.202, No.53, eff. 60 days; Oct. 5, 1980,
     P.L.693, No.142, eff. 60 days; Dec. 20, 1982, P.L.1409, No.326,
     eff. 60 days; June 19, 2002, P.L.394, No.57, eff. 60 days; July
     15, 2004, P.L.736, No.87, eff. imd.)

        2004 Amendment.  Act 87 amended subsec. (d) and added subsec.
     (b.3).
        2002 Amendment.  Section 6 of Act 57 provided that the
     amendment of section 7102 shall apply to all causes of action
     that accrue after the effective date of section 6.
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Last modified: November 27, 2007