2013 House Bill 4500

Revise certain tort damage awards

Introduced in the House

April 9, 2013

Introduced by Rep. Wayne Schmidt (R-104)

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 not “non-economic” (punitive or “pain and suffering”) damages.

Referred to the Committee on Judiciary