HF 1643

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to civil actions; regulating actions 
  1.3             involving fault; amending Minnesota Statutes 2002, 
  1.4             section 604.01, subdivision 1. 
  1.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.6      Section 1.  Minnesota Statutes 2002, section 604.01, 
  1.7   subdivision 1, is amended to read: 
  1.8      Subdivision 1.  [SCOPE OF APPLICATION.] Contributory fault 
  1.9   does not bar recovery in an action by any person or the person's 
  1.10  legal representative to recover damages for fault resulting in 
  1.11  death, in injury to person or property, or in economic loss, if 
  1.12  the contributory fault was not greater than the aggregate fault 
  1.13  of the person persons against whom recovery is sought, but any 
  1.14  damages allowed must be diminished in proportion to the amount 
  1.15  of fault attributable to the person recovering.  The court may, 
  1.16  and when requested by any party shall, direct the jury to find 
  1.17  separate special verdicts determining the amount of damages and 
  1.18  the percentage of fault attributable to each party and the court 
  1.19  shall then reduce the amount of damages in proportion to the 
  1.20  amount of fault attributable to the person recovering. 
  1.21     Sec. 2.  [EFFECTIVE DATE; APPLICATION.] 
  1.22     This section applies to claims arising from incidents 
  1.23  occurring on or after August 1, 2003.