Predicating actions for damages upon principles of comparative fault

HB 2002 Predicating actions for damages upon principles of comparative fault

West Virginia 2015 Regular Session

Predicating actions for damages upon principles of comparative fault
HB-2002


About HB-2002

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.

  

Bill Texts

Enrolled

Enrolled

Engrossed

Comm Sub

Introduced

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