Civil remedies; revise and provide for.

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To: Judiciary, Division A
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Senator(s) Johnson

SENATE BILL NO. 2705

AN ACT TO AMEND SECTION 11-55-7, MISSISSIPPI CODE OF 1972, TO 1
PROVIDE THAT IN ANY ACTION IN WHICH ATTORNEY FEES ARE AWARDED, 2
THERE IS A STRONG PRESUMPTION THAT A LODESTAR FEE IS SUFFICIENT 3
AND REASONABLE; TO DESCRIBE CIRCUMSTANCES IN WHICH SUCH 4
PRESUMPTION MAY BE OVERCOME; TO PROVIDE CERTAIN RULES OF PROCEDURE 5
FOR SUMMARY PROCEEDINGS AUTHORIZED IN LAW; TO PROVIDE THAT EITHER 6
PARTY IS ENTITLED TO THE SUMMARY PROCEDURE CREATED IN SECTION 2 OF 7
THIS ACT IN ACTIONS BROUGHT FOR DECLARATORY RELIEF IN STATE OR 8
FEDERAL COURT TO DETERMINE INSURANCE COVERAGE AFTER AN INSURER HAS 9
MADE A TOTAL COVERAGE DENIAL; TO PROVIDE FOR AWARDS OF REASONABLE 10
ATTORNEY FEES; TO REQUIRE THAT CERTAIN ACTIONS FOUNDED ON 11
NEGLIGENCE SHALL COMMENCE WITHIN TWO YEARS NEXT AFTER THE CAUSE OF 12
ACTION ACCRUED; TO PROVIDE THAT IN SUCH ACTIONS INVOLVING LATENT 13
INJURY OR DISEASE, THE CAUSE OF ACTION DOES NOT ACCRUE UNTIL THE 14
PLAINTIFF HAS DISCOVERED OR REASONABLY SHOULD HAVE DISCOVERED THE 15
INJURY; TO CREATE PROVISIONS CONCERNING ACTIONS FOR BAD FAITH 16
INVOLVING LIABILITY INSURANCES CLAIMS; TO PROVIDE FOR FAILURE TO 17
TENDER THE LESSER OF THE POLICY LIMITS OR THE AMOUNT DEMANDED BY 18
THE CLAIMANT; TO CREATE PROVISIONS CONCERNING TWO OR MORE 19
THIRD-PARTY COMPETING CLAIMS ARISING OUT OF A SINGLE OCCURRENCE; 20
TO DEFINE TERMS; TO ALLOW CERTAIN EVIDENCE OFFERED TO PROVE THE 21
AMOUNT OF DAMAGES FOR MEDICAL TREATMENT OR SERVICES IN PERSONAL 22
INJURY OR WRONGFUL DEATH ACTIONS; TO STIPULATE THAT THERE IS NO 23
AFFIRMATIVE DUTY TO SEEK A REDUCTION IN BILLED CHARGES TO WHICH 24
THE PARTY IS NOT CONTRACTUALLY ENTITLED; TO PROTECT INDIVIDUAL 25
CONTRACTS BETWEEN PROVIDERS AND AUTHORIZED COMMERCIAL INSURERS 26
FROM DISCOVERY, DISCLOSURE AND ADMISSION INTO EVIDENCE; TO REQUIRE 27
CLAIMANTS TO DISCLOSE CERTAIN INFORMATION AS A CONDITION PRECEDENT 28
TO ASSERTING A CLAIM FOR MEDICAL EXPENSES RENDERED UNDER A LETTER 29
OF PROTECTION IN A PERSONAL INJURY OR WRONGFUL DEATH ACTION; TO 30
CREATE PROVISIONS CONCERNING THE AMOUNT OF DAMAGES THAT MAY BE 31
RECOVERED BY A CLAIMANT IN A PERSONAL INJURY OR WRONGFUL DEATH 32
ACTION FOR THE REASONABLE AND NECESSARY COST OR VALUE OF MEDICAL 33
CARE RENDERED; TO DEFINE TERMS; TO PROVIDE THAT CERTAIN OWNERS OR 34
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PRINCIPAL OPERATORS OF A MULTIFAMILY RESIDENTIAL PROPERTY HAVE A 35
PRESUMPTION AGAINST LIABILITY IN CONNECTION WITH CRIMINAL ACTS 36
THAT OCCUR ON THE PREMISES AGAINST THIRD PARTIES WHO ARE NOT 37
EMPLOYEES OR AGENTS OF THE OWNER OR OPERATOR; TO REQUIRE OWNERS 38
AND OPERATORS OF MULTIFAMILY RESIDENTIAL PROPERTY TO PROVIDE 39
PROPER CRIME DETERRENCE AND SAFETY TRAINING TO ITS EMPLOYEES; TO 40
REQUIRE OWNERS AND OPERATORS TO MEET A BURDEN OF PROOF IN ORDER TO 41
ESTABLISH A PRESUMPTION AGAINST LIABILITY; TO AMEND SECTION 42
11-7-15, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT IN A NEGLIGENCE 43
ACTION OTHER THAN AN ACTION BROUGH FOR PERSONAL INJURIES, OR WHERE 44
SUCH INJURIES HAVE RESULTED IN DEATH, ANY PARTY FOUND TO BE 45
GREATER THAN 50% AT FAULT MAY NOT RECOVER DAMAGES; TO PROVIDE THAT 46
THIS ACT SHALL NOT IMPAIR ANY RIGHT UNDER AN INSURANCE CONTRACT IN 47
EFFECT ON OR BEFORE THE EFFECTIVE DATE OF THIS ACT; TO PROVIDE 48
THAT THIS ACT APPLIES TO AN INSURANCE CONTRACT ISSUED OR RENEWED 49
AFTER THE EFFECTIVE DATE OF THIS ACT; TO PROVIDE THAT THIS ACT 50
SHALL APPLY TO CAUSES OF ACTION FILED AFTER THE EFFECTIVE DATE OF 51
THIS ACT; AND FOR RELATED PURPOSES. 52
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 53
SECTION 1. Section 11-55-7, Mississippi Code of 1972, is 54
amended as follows: 55
11-55-7. (1) In determining the amount of an award of costs 56
or attorney's fees, the court shall exercise its sound discretion. 57
When granting an award of costs and attorney's fees, the court 58
shall specifically set forth the reasons for such award and shall 59
consider the following factors, among others, in determining 60
whether to assess attorney's fees and costs and the amount to be 61
assessed: 62
(a) The extent to which any effort was made to 63
determine the validity of any action, claim or defense before it 64
was asserted, and the time remaining within which the claim or 65
defense could be filed; 66
(b) The extent of any effort made after the 67
commencement of an action to reduce the number of claims being 68
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asserted or to dismiss claims that have been found not to be 69
valid; 70
(c) The availability of facts to assist in determining 71
the validity of an action, claim or defense; 72
(d) Whether or not the action was prosecuted or 73
defended, in whole or in part, in bad faith or for improper 74
purpose; 75
(e) Whether or not issues of fact, determinative of the 76
validity of a party's claim or defense, were reasonably in 77
conflict; 78
(f) The extent to which the party prevailed with 79
respect to the amount of and number of claims or defenses in 80
controversy; 81
(g) The extent to which any action, claim or defense 82
was asserted by an attorney or party in a good faith attempt to 83
establish a new theory of law in the state, which purpose was made 84
known to the court at the time of filing; 85
(h) The amount or conditions of any offer of judgment 86
or settlement in relation to the amount or conditions of the 87
ultimate relief granted by the court; 88
(i) The extent to which a reasonable effort was made to 89
determine prior to the time of filing of an action or claim that 90
all parties sued or joined were proper parties owing a legally 91
defined duty to any party or parties asserting the claim or 92
action; 93
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(j) The extent of any effort made after the 94
commencement of an action to reduce the number of parties in the 95
action; and 96
(k) The period of time available to the attorney for 97
the party asserting any defense before such defense was 98
interposed. 99
(2) In any action in which attorney fees are determined or 100
awarded by the court, there is a strong presumption that a 101
lodestar fee is sufficient and reasonable. This presumption may 102
be overcome only in a rare and exceptional circumstance with 103
evidence that competent counsel could not otherwise be retained. 104
SECTION 2. The procedure in this section applies only to 105
those actions specified by statute or rule. Rules of procedure 106
apply to this section except when this section or the statute or 107
rule prescribing this section provides a different procedure. If 108
there is a difference between the time period prescribed in a rule 109
and in this section, this section governs. 110
(a) Plaintiff's initial pleading shall contain the 111
matters required by the statute or rule prescribing this section 112
or, if none is so required, shall state a cause of action. All 113
defenses of law or fact shall be contained in defendant's answer 114
which shall be filed within five (5) days after service of 115
process. If the answer incorporates a counterclaim, plaintiff 116
shall include all defenses of law or fact in his or her answer to 117
the counterclaim and shall serve it within five (5) days after 118
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service of the counterclaim. No other pleadings are permitted. 119
All defensive motions, including motions to quash, shall be heard 120
by the court prior to trial. 121
(b) Depositions on oral examination may be taken by any 122
party at any time. Other discovery and admissions may be had only 123
on order of court setting the time for compliance. No discovery 124
postpones the time for trial except for good cause shown or by 125
stipulation of the parties. 126
(c) If a jury trial is authorized by law, any party may 127
demand it in any pleading or by a separate paper served not later 128
than five (5) days after the action comes to issue. When a jury 129
is in attendance at the close of pleading or the time of demand 130
for jury trial, the action may be tried immediately; otherwise, 131
the court shall order a special venire to be summoned immediately. 132
If a special venire be summoned, the party demanding the jury 133
shall deposit sufficient money with the clerk to pay the jury fees 134
which shall be taxed as costs if he or she prevails. 135
(d) Motion for new trial shall be filed and served 136
within five (5) days after verdict, if a jury trial was had, or 137
after entry of judgment, if trial was by the court. A reserved 138
motion for directed verdict shall be renewed within the period for 139
moving for a new trial. 140
(e) Notice of appeal shall be filed and served within 141
thirty (30) days from the rendition of the judgment appealed from. 142
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SECTION 3. (1) In an action brought for declaratory relief 143
in state or federal court to determine insurance coverage after 144
the insurer has made a total coverage denial of a claim: 145
(a) Either party is entitled to the summary procedure 146
provided in Section 2 of this act, and the court shall advance the 147
cause on the calendar. 148
(b) The court shall award reasonable attorney fees to 149
the named insured, omnibus insured, or named beneficiary under a 150
policy issued by the insurer upon rendition of a declaratory 151
judgment in favor of the named insured, omnibus insured, or named 152
beneficiary. This right may not be transferred to, assigned to, 153
or acquired in any other manner by anyone other than a named or 154
omnibus insured or a named beneficiary. A defense offered by an 155
insurer pursuant to a reservation of rights does not constitute a 156
coverage denial of a claim. Such fees are limited to those 157
incurred in the action brought under this chapter for declaratory 158
relief to determine coverage of insurance issued under Mississippi 159
law. 160
(2) This section does not apply to any action arising under 161
a residential or commercial property insurance policy. 162
SECTION 4. (1) Except as provided under Sections 15-1-36 163
and 11-46-11, all actions founded on negligence shall be commenced 164
within two (2) years next after the cause of such action accrued, 165
and not after, except as provided in subsection (2) of this 166
section. 167
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(2) In actions subject to subsection (1) of this section and 168
which involve latent injury or disease, the cause of action does 169
not accrue until the plaintiff has discovered, or by reasonable 170
diligence should have discovered, the injury. 171
SECTION 5. (1) (a) An action for bad faith involving a 172
liability insurance claim shall not lie if the insurer tenders the 173
lesser of the policy limits or the amount demanded by the claimant 174
within ninety (90) days after receiving actual notice of a claim 175
which is accompanied by sufficient evidence to support the amount 176
of the claim. 177
(b) If an insurer does not tender the lesser of the 178
policy limits or the amount demanded by the claimant within the 179
90-day period provided in subsection (1)(a) of this section, the 180
existence of the 90-day period and that no bad faith action could 181
lie had the insurer tendered the lesser of policy limits or the 182
amount demanded by the claimant pursuant to subsection (1)(a) of 183
this section is inadmissible in any action seeking to establish 184
bad faith on the part of the insurer. 185
(c) If the insurer fails to tender pursuant to 186
subsection (1)(a) of this section within the 90-day period, any 187
applicable statute of limitations is extended for an additional 188
ninety (90) days. 189
(2) In any bad-faith action claim against an insurer for bad 190
faith: 191
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(a) Mere negligence alone is insufficient to constitute 192
bad faith. 193
(b) (i) The insured, claimant, and representative of 194
the insured or claimant have a duty to act in good faith in 195
furnishing information regarding the claim, in making demands of 196
the insurer, in setting deadlines, and in attempting to settle the 197
claim. This duty does not create a separate cause of action, but 198
may only be considered pursuant to subsection (2)(b)(ii) of this 199
section. 200
(ii) In any action for bad faith against an 201
insurer, the trier of fact may consider whether the insured, 202
claimant, or representative of the insured or claimant did not act 203
in good faith pursuant to this paragraph, in which case the trier 204
of fact may reasonably reduce the amount of damages awarded 205
against the insurer. 206
(3) If two (2) or more third-party claimants have competing 207
claims arising out of a single occurrence, which in total may 208
exceed the available policy limits of one or more of the insured 209
parties who may be liable to the third-party claimants, an insurer 210
is not liable beyond the available policy limits for failure to 211
pay all or any portion of the available policy limits to one or 212
more of the third-party claimants if, within ninety (90) days 213
after receiving notice of the competing claims in excess of the 214
available policy limits, the insurer complies with either 215
subsection (3)(a) or (3)(b) of this section: 216
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(a) The insurer files an interpleader action under the 217
Mississippi Rules of Civil Procedure. If the claims of the 218
competing third-party claimants are found to be in excess of the 219
policy limits, the third-party claimants are entitled to a 220
prorated share of the policy limits as determined by the trier of 221
fact. An insurer's interpleader action does not alter or amend 222
the insurer's obligation to defend its insured. 223
(b) Pursuant to binding arbitration that has been 224
agreed to by the insurer and the third-party claimants, the 225
insurer makes the entire amount of the policy limits available for 226
payment to the competing third-party claimants before a qualified 227
arbitrator agreed to by the insurer and such third-party claimants 228
at the expense of the insurer. The third-party claimants are 229
entitled to a prorated share of the policy limits as determined by 230
the arbitrator, who must consider the comparative fault, if any, 231
of each third-party claimant, and the total likely outcome at 232
trial based upon the total of the economic and noneconomic damages 233
submitted to the arbitrator for consideration. A third-party 234
claimant whose claim is resolved by the arbitrator must execute 235
and deliver a general release to the insured party whose claim is 236
resolved by the proceeding. 237
SECTION 6. (1) As used in this section, the following terms 238
have the meaning ascribed herein unless the context clearly 239
requires otherwise: 240
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(a) "Factoring company" means a person who purchases a 241
health care provider's accounts receivable at a discount below the 242
invoice value of such accounts. 243
(b) "Health care coverage" means any third-party health 244
care or disability services financing arrangement, including, but 245
not limited to, arrangements with entities certified or authorized 246
under federal law or under Mississippi law; state or federal 247
health care benefit programs; workers' compensation; and personal 248
injury protection. 249
(c) "Health-care provider" shall have the meaning 250
assigned to the term "health-care institution" in Section 251
41-107-3(c). 252
(d) "Letter of protection" means any arrangement by 253
which a health care provider renders treatment in exchange for a 254
promise of payment for the claimant's medical expenses from any 255
judgment or settlement of a personal injury or wrongful death 256
action. The term includes any such arrangement, regardless of 257
whether referred to as a letter of protection. 258
(2) Evidence offered to prove the amount of damages for past 259
or future medical treatment or services in a personal injury or 260
wrongful death action is admissible as provided in this 261
subsection. 262
(a) Evidence offered to prove the amount of damages for 263
past medical treatment or services that have been satisfied is 264
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limited to evidence of the amount actually paid, regardless of the 265
source of payment. 266
(b) Evidence offered to prove the amount necessary to 267
satisfy unpaid charges for incurred medical treatment or services 268
shall include, but is not limited to, evidence as provided in this 269
paragraph. 270
(i) If the claimant has health care coverage other 271
than Medicare or Medicaid, evidence of the amount which such 272
health care coverage is obligated to pay the health care provider 273
to satisfy the charges for the claimant's incurred medical 274
treatment or services, plus the claimant's share of medical 275
expenses under the insurance contract or regulation. 276
(ii) If the claimant has health care coverage but 277
obtains treatment under a letter of protection or otherwise does 278
not submit charges for any health care provider's medical 279
treatment or services to health care coverage, evidence of the 280
amount the claimant's health care coverage would pay the health 281
care provider to satisfy the past unpaid medical charges under the 282
insurance contract or regulation, plus the claimant's share of 283
medical expenses under the insurance contract or regulation, had 284
the claimant obtained medical services or treatment pursuant to 285
the health care coverage. 286
(iii) If the claimant does not have health care 287
coverage or has health care coverage through Medicare or Medicaid, 288
evidence of one hundred twenty percent (120%) of the Medicare 289
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reimbursement rate in effect on the date of the claimant's 290
incurred medical treatment or services, or, if there is no 291
applicable Medicare rate for a service, one hundred seventy 292
percent (170%) of the applicable State Medicaid rate. 293
(iv) If the claimant obtains medical treatment or 294
services under a letter of protection and the health care provider 295
subsequently transfers the right to receive payment under the 296
letter of protection to a third party, evidence of the amount the 297
third party paid or agreed to pay the health care provider in 298
exchange for the right to receive payment pursuant to the letter 299
of protection. 300
(v) Any evidence of reasonable amounts billed to 301
the claimant for medically necessary treatment or medically 302
necessary services provided to the claimant. 303
(c) Evidence offered to prove the amount of damages for 304
any future medical treatment or services the claimant will receive 305
shall include, but is not limited to, evidence as provided in this 306
paragraph. 307
(i) If the claimant has health care coverage other 308
than Medicare or Medicaid, or is eligible for any such health care 309
coverage, evidence of the amount for which the future charges of 310
health care providers could be satisfied if submitted to such 311
health care coverage, plus the claimant's share of medical 312
expenses under the insurance contract or regulation. 313
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(ii) If the claimant does not have health care 314
coverage or has health care coverage through Medicare or Medicaid, 315
or is eligible for such health care coverage, evidence of one 316
hundred twenty percent (120%) of the Medicare reimbursement rate 317
in effect at the time of trial for the medical treatment or 318
services the claimant will receive, or, if there is no applicable 319
Medicare rate for a service, one hundred seventy percent (170%) of 320
the applicable Sof this State Medicaid rate. 321
(iii) Any evidence of reasonable future amounts to 322
be billed to the claimant for medically necessary treatment or 323
medically necessary services. 324
(d) This subsection does not impose an affirmative duty 325
upon any party to seek a reduction in billed charges to which the 326
party is not contractually entitled. 327
(e) Individual contracts between providers and 328
authorized commercial insurers or authorized health maintenance 329
organizations are not subject to discovery or disclosure and are 330
not admissible into evidence. 331
(3) In a personal injury or wrongful death action, as a 332
condition precedent to asserting any claim for medical expenses 333
for treatment rendered under a letter of protection, the claimant 334
must disclose: 335
(a) A copy of the letter of protection. 336
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(b) All billings for the claimant's medical expenses, 337
which must be itemized and, to the extent applicable, coded 338
according to: 339
(i) For health care providers billing at the 340
provider level, the American Medical Association's Current 341
Procedural Terminology (CPT), or the Healthcare Common Procedure 342
Coding System (HCPCS), in effect on the date the services were 343
rendered. 344
(ii) For health care providers billing at the 345
facility level for expenses incurred in a clinical or outpatient 346
setting, including when billing through an Ambulatory Payment 347
Classification (APC) or Enhanced Ambulatory Patient Grouping 348
(EAPG), the International Classification of Diseases (ICD) 349
diagnosis code and, if applicable, the American Medical 350
Association's Current Procedural Terminology (CPT), in effect on 351
the date the services were rendered. 352
(iii) For health care providers billing at the 353
facility level for expenses incurred in an inpatient setting, 354
including when billing through a Diagnosis Related Group (DRG), 355
the International Classification of Diseases (ICD) diagnosis and 356
procedure codes in effect on the date in which the claimant is 357
discharged. 358
(c) If the health care provider sells the accounts 359
receivable for the claimant's medical expenses to a factoring 360
company or other third party: 361
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(i) The name of the factoring company or other 362
third party who purchased such accounts. 363
(ii) The dollar amount for which the factoring 364
company or other third party purchased such accounts, including 365
any discount provided below the invoice amount. 366
(d) Whether the claimant, at the time medical treatment 367
was rendered, had health care coverage and, if so, the identity of 368
such coverage. 369
(e) Whether the claimant was referred for treatment 370
under a letter of protection and, if so, the identity of the 371
person who made the referral. If the referral is made by the 372
claimant's attorney, disclosure of the referral is permitted, and 373
evidence of such referral is admissible. Moreover, in such 374
situation, the financial relationship between a law firm and a 375
medical provider, including the number of referrals, frequency, 376
and financial benefit obtained, is relevant to the issue of the 377
bias of a testifying medical provider. 378
(4) The damages that may be recovered by a claimant in a 379
personal injury or wrongful death action for the reasonable and 380
necessary cost or value of medical care rendered may not include 381
any amount in excess of the evidence of medical treatment and 382
services expenses admitted pursuant to subsection (2) of this 383
section, and also may not exceed the sum of the following: 384
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(a) Amounts actually paid by or on behalf of the 385
claimant to a health care provider who rendered medical treatment 386
or services; 387
(b) Amounts necessary to satisfy charges for medical 388
treatment or services that are due and owing but at the time of 389
trial are not yet satisfied; and 390
(c) Amounts necessary to provide for any reasonable and 391
necessary medical treatment or services the claimant will receive 392
in the future. 393
SECTION 7. (1) As used in this section, the following terms 394
have the meaning ascribed herein unless the context clearly 395
requires otherwise: 396
(a) "Multifamily residential property" means a 397
residential building, or group of residential buildings, such as 398
apartments, townhouses, or condominiums, consisting of at least 399
five (5) dwelling units on a particular parcel. 400
(b) "Parcel" means real property for which a distinct 401
parcel identification number is assigned to the property by the 402
property appraiser for the county in which the property is 403
located. 404
(c) "Proper crime deterrence and safety training" means 405
training which trains and familiarizes employees with the security 406
principles, devices, measures, and standards set forth under 407
subsection (2)(a) of this section. 408
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(2) The owner or principal operator of a multifamily 409
residential property which substantially implements the following 410
security measures on that property has a presumption against 411
liability in connection with criminal acts that occur on the 412
premises which are committed by third parties who are not 413
employees or agents of the owner or operator: 414
(a) (i) A security camera system at points of entry 415
and exit which records, and maintains as retrievable for at least 416
thirty (30) days, video footage to assist in offender 417
identification and apprehension. 418
(ii) A lighted parking lot illuminated at an 419
intensity of at least an average of 1.8 foot-candles per square 420
foot at eighteen (18) inches above the surface from dusk until 421
dawn or controlled by photocell or any similar electronic device 422
that provides light from dusk until dawn. 423
(iii) Lighting in walkways, laundry rooms, common 424
areas, and porches. Such lighting must be illuminated from dusk 425
until dawn or controlled by photocell or any similar electronic 426
device that provides light from dusk until dawn. 427
(iv) At least a one-inch deadbolt in each dwelling 428
unit door. 429
(v) A locking device on each window, each exterior 430
sliding door, and any other doors not used for community purposes. 431
(vi) Locked gates with key or fob access along 432
pool fence areas. 433
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(vii) A peephole or door viewer on each dwelling 434
unit door that does not include a window or that does not have a 435
window next to the door. 436
(b) By January 1, 2027, the owner or principal operator 437
of a multifamily residential property provides proper crime 438
deterrence and safety training to its current employees. After 439
January 1, 2027, the owner or principal operator must provide such 440
training to an employee within sixty (60) days after his hire date 441
for purposes of this subsection (2)(b). 442
(3) (a) For purposes of establishing the presumption 443
against liability under subsection (2) of this section, the burden 444
of proof is on the owner or principal operator to demonstrate that 445
the owner or principal operator has substantially implemented the 446
security measures specified in subsection (2) of this section. 447
(b) The court may determine that a deviation from the 448
security principles, devices, measures, and standards required 449
under subsection (2)(a) of this section is in substantial 450
compliance with such standards. 451
SECTION 8. Section 11-7-15, Mississippi Code of 1972, is 452
amended as follows: 453
11-7-15. (1) In all actions hereafter brought for personal 454
injuries, or where such injuries have resulted in death, or for 455
injury to property, the fact that the person injured, or the owner 456
of the property, or person having control over the property may 457
have been guilty of contributory negligence shall not bar a 458
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ST: Civil remedies; revise and provide for.
recovery, but damages shall be diminished by the jury in 459
proportion to the amount of negligence attributable to the person 460
injured, or the owner of the property, or the person having 461
control over the property, subject to subsection (2) of this 462
section. 463
(2) In a negligence action to which this section applies 464
other than an action brought for personal injuries, or where such 465
injuries have resulted in death, any party found to be greater 466
than fifty percent (50%) at fault for his or her own harm may not 467
recover any damages. 468
SECTION 9. This act shall not be construed to impair any 469
right under an insurance contract in effect on or before the 470
effective date of this act. To the extent that this act affects a 471
right under an insurance contract, this act applies to an 472
insurance contract issued or renewed after the effective date of 473
this act. 474
SECTION 10. Except as otherwise expressly provided in this 475
act, this act shall apply to causes of action filed after the 476
effective date of this act. 477
SECTION 11. This act shall take effect and be in force from 478
and after July 1, 2026. 479