2010 House Bill 5744

Revise certain tort provisions

Introduced in the House

Jan. 13, 2010

Introduced by Rep. Andrew Kandrevas (D-13)

To establish that in a tort lawsuit, the “openness and obviousness” of a condition that causes an injury or loss may only be considered in determining the issue of “comparative fault.” Under tort reforms adopted in the 1990s, if the plaintiff in a lawsuit was more at fault than the defendant(s) or other parties, he or she may only receive pro-rated “economic damages,” and no “non-economic” (punitive or “pain and suffering”) damages.

Referred to the Committee on Judiciary

June 30, 2010

Reported without amendment

Without amendment and with the recommendation that the bill pass.