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Assembly Bill A3776

2009-2010 Legislative Session

Provides that recovery for certain injuries arising out of voluntary participation in athletics shall be diminished by the percentage of culpable conduct

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Archive: Last Bill Status - On Floor Calendar

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Bill Amendments

2009-A3776 - Details

2009-A3776 - Summary

Provides that recovery for certain injuries or wrongful death arising out of voluntary participation in athletics shall be diminished by the percentage of culpable conduct attributable to the injured party or decedent.

2009-A3776 - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3776

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 28, 2009
                               ___________

Introduced by M. of A. LENTOL -- read once and referred to the Committee
  on Codes

AN  ACT  to  amend  the civil practice law and rules, in relation to the
  recovery of damages

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Section 1411 of the civil practice law and rules, as added
by chapter 69 of the laws of 1975, is amended to read as follows:
  S 1411. Damages recoverable when contributory negligence or assumption
of risk is established.   (A) In  any  action  to  recover  damages  for
personal  injury,  injury  to  property, or wrongful death, the culpable
conduct attributable to the  claimant  or  to  the  decedent,  including
contributory  negligence  or assumption of risk, shall not bar recovery,
but the amount of damages otherwise recoverable shall be  diminished  in
the  proportion  which the culpable conduct attributable to the claimant
or decedent bears to the culpable conduct which caused the damages.
  (B) IN ANY ACTION TO RECOVER DAMAGES FOR PERSONAL  INJURY,  INJURY  TO
PROPERTY,  OR WRONGFUL DEATH, ARISING OUT OF THE VOLUNTARY PARTICIPATION
IN COMPETITIVE ATHLETICS,  THE  CULPABLE  CONDUCT  ATTRIBUTABLE  TO  THE
CLAIMANT  OR  TO  THE  DECEDENT,  INCLUDING  CONTRIBUTORY  NEGLIGENCE OR
ASSUMPTION OF RISK, SHALL NOT BAR RECOVERY, BUT THE  AMOUNT  OF  DAMAGES
OTHERWISE  RECOVERABLE  SHALL  BE DIMINISHED IN THE PROPORTION WHICH THE
CULPABLE CONDUCT ATTRIBUTABLE TO THE CLAIMANT OR DECEDENT BEARS  TO  THE
CULPABLE CONDUCT WHICH CAUSED THE DAMAGES.
  (C)  NOTWITHSTANDING  ANY OTHER PROVISION OF LAW, AN ACTION TO RECOVER
DAMAGES FOR PERSONAL INJURY, PROPERTY DAMAGE OR WRONGFUL  DEATH  ARISING
OUT  OF  THE  VOLUNTARY PARTICIPATION IN COMPETITIVE ATHLETICS WHICH WAS
OTHERWISE COMMENCED IN A TIMELY MANNER AND WHICH WAS  DISMISSED  BECAUSE
SUBDIVISION  (B) OF THIS SECTION WAS NOT IN EFFECT IS HEREBY REVIVED AND
AN ACTION MAY BE COMMENCED WITHIN TWO YEARS OF  THE  EFFECTIVE  DATE  OF
THIS SUBDIVISION.
  S  2.  This  act  shall take effect immediately and shall apply to any
actions commenced on or after such date.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

2009-A3776A (ACTIVE) - Details

2009-A3776A (ACTIVE) - Summary

Provides that recovery for certain injuries or wrongful death arising out of voluntary participation in athletics shall be diminished by the percentage of culpable conduct attributable to the injured party or decedent.

2009-A3776A (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 3776--A

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 28, 2009
                               ___________

Introduced by M. of A. LENTOL -- read once and referred to the Committee
  on  Codes  -- committee discharged, bill amended, ordered reprinted as
  amended and recommitted to said committee

AN ACT to amend the civil practice law and rules,  in  relation  to  the
  recovery of damages

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 1411 of the civil practice law and rules, as  added
by chapter 69 of the laws of 1975, is amended to read as follows:
  S 1411. Damages recoverable when contributory negligence or assumption
of  risk  is  established.    (A)  In  any action to recover damages for
personal injury, injury to property, or  wrongful  death,  the  culpable
conduct  attributable  to  the  claimant  or  to the decedent, including
contributory negligence or assumption of risk, shall not  bar  recovery,
but  the  amount of damages otherwise recoverable shall be diminished in
the proportion which the culpable conduct attributable to  the  claimant
or decedent bears to the culpable conduct which caused the damages.
  (B)  IN  ANY  ACTION TO RECOVER DAMAGES FOR PERSONAL INJURY, INJURY TO
PROPERTY, OR WRONGFUL DEATH, ARISING OUT OF THE VOLUNTARY  PARTICIPATION
IN  COMPETITIVE  ATHLETICS,  THE  CULPABLE  CONDUCT  ATTRIBUTABLE TO THE
CLAIMANT OR  TO  THE  DECEDENT,  INCLUDING  CONTRIBUTORY  NEGLIGENCE  OR
ASSUMPTION  OF  RISK,  SHALL NOT BAR RECOVERY, BUT THE AMOUNT OF DAMAGES
OTHERWISE RECOVERABLE SHALL BE DIMINISHED IN THE  PROPORTION  WHICH  THE
CULPABLE  CONDUCT  ATTRIBUTABLE TO THE CLAIMANT OR DECEDENT BEARS TO THE
CULPABLE CONDUCT WHICH CAUSED THE DAMAGES.
  S 2. This act shall take effect immediately and  shall  apply  to  any
actions commenced on or after such date.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05868-03-9

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