S2027 SANTIAGO
Same as Uni. A 3436
Lentol
ON FILE: 01/09/02 Civil Practice Law and Rules
TITLE....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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| 02/01/01 | REFERRED TO CODES |
| 01/09/02 | REFERRED TO CODES |
SANTIAGO
Amd S1411, CPLR
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; extends period to
commence action that was dismissed but would be allowed based on this
amendment.
RETRIEVE BILL
STATE OF NEW YORK
________________________________________________________________________
S. 2027 A. 3436
2001-2002 Regular Sessions
SENATE - ASSEMBLY
February 1, 2001
___________
IN SENATE -- Introduced by Sen. SANTIAGO -- read twice and ordered
printed, and when printed to be committed to the Committee on Codes
IN ASSEMBLY -- 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:
1 Section 1. Section 1411 of the civil practice law and rules, as added
2 by chapter 69 of the laws of 1975, is amended to read as follows:
3 § 1411. Damages recoverable when contributory negligence or assumption
4 of risk is established. (a) In any action to recover damages for
5 personal injury, injury to property, or wrongful death, the culpable
6 conduct attributable to the claimant or to the decedent, including
7 contributory negligence or assumption of risk, shall not bar recovery,
8 but the amount of damages otherwise recoverable shall be diminished in
9 the proportion which the culpable conduct attributable to the claimant
10 or decedent bears to the culpable conduct which caused the damages.
11 (b) In any action to recover damages for personal injury, injury to
12 property, or wrongful death, arising out of the voluntary participation
13 in competitive athletics, the culpable conduct attributable to the
14 claimant or to the decedent, including contributory negligence or
15 assumption of risk, shall not bar recovery, but the amount of damages
16 otherwise recoverable shall be diminished in the proportion which the
17 culpable conduct attributable to the claimant or decedent bears to the
18 culpable conduct which caused the damages.
19 (c) Notwithstanding any other provision of law, an action to recover
20 damages for personal injury, property damage or wrongful death arising
21 out of the voluntary participation in competitive athletics which was
22 otherwise commenced in a timely manner and which was dismissed because
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01794-01-1
S. 2027 2 A. 3436
1 subdivision (b) of this section was not in effect is hereby revived and
2 an action may be commenced within two years of the effective date of
3 this subdivision.
4 § 2. This act shall take effect immediately and shall apply to any
5 actions commenced on or after such date.
NEW YORK STATE SENATE
INTRODUCER'S MEMORANDUM IN SUPPORT
submitted in accordance with Senate Rule VI. Sec 1
RETRIEVE BILL
BILL NUMBER: S2027
SPONSOR: SANTIAGO
TITLE OF BILL: An Act to amend the CPLR 1411 regarding contributory
negligence and assumption of risk
PURPOSE OR GENERAL IDEA OF BILL: To make the concept of contributory
negligence applicable to those injured while participating competitive
sports.
SUMMARY OF SPECIFIC PROVISIONS: Amends CPLR 1411 to modify Court
decisions making assumption of risk rather than contributory negligence
applicable to lawsuits based upon injuries sustained in competitive
sports.
JUSTIFICATION: The legislature by enacting CPLR 1411 intended that
comparative negligence should apply in all lawsuits. The courts have
carved out an exception for those who, while participating in compet-
itive sports, sustain injury as a direct result of the negligent conduct
of others. In these cases the doctrine of assumption of risk has been
applied by the Courts to bar recovery.
PRIOR LEGISLATIVE HISTORY: A.10158 of 1998
A.125/S.569 of 1999-2000
FISCAL IMPLICATIONS: None
EFFECTIVE DATE: Immediately