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H.284

Introduced by   Representative Krawczyk of Bennington

Referred to Committee on

Date:

Subject:  Court procedure; multiple defendants; liability proportionate to damages caused  

Statement of purpose:  This bill proposes, for negligence cases involving multiple defendants, that each defendant may only be liable for the proportion of damages caused by that defendant, whether or not the plaintiff was also negligent.

AN ACT RELATING TO DEFENDANTS’ LIABILITY BEING PROPORTIONAL TO DAMAGES CAUSED

It is hereby enacted by the General Assembly of the State of Vermont:

Sec. 1.  12 V.S.A. § 1036 is amended to read:

§ 1036.  COMPARATIVE NEGLIGENCE

Contributory negligence shall not bar recovery in an action by any plaintiff, or his the plaintiff’s legal representative, to recover damages for negligence resulting in death, personal injury or property damage, if the negligence was not greater than the causal total negligence of the defendant or defendants, but the damage shall be diminished by general verdict in proportion to the amount of negligence attributed to the plaintiff.  Where recovery is allowed against more than one defendant, whether or not the plaintiff is negligent, each defendant shall be liable for that proportion of the total dollar amount awarded as damages in the ratio of the amount of his each defendant’s causal negligence to the amount of causal negligence attributed to all defendants against whom recovery is allowed.



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us