Legislation

§ 1411. Damages recoverable when contributory negligence or assumption
of risk is established. (a) Except as provided in subsection (b) of this
section, 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. 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 subject to
article fifty-one of the insurance law, the culpable conduct
attributable to the claimant shall bar recovery if the culpable conduct
attributable to the claimant is greater than the culpable conduct of the
person against whom recovery is sought or is greater than the combined
culpable conduct of the persons against whom recovery is sought.