Legislation
SECTION 1411
Damages recoverable when contributory negligence or assumption of risk is established
Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 14-A
§ 1411. Damages recoverable when contributory negligence or assumption
of risk is established. 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.
of risk is established. 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.