1411 – Damages Recoverable When Contributory Negligence or Assumption of Risk Is Established.

§ 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 […]

1412 – Burden of Pleading; Burden of Proof.

§ 1412. Burden of pleading; burden of proof. Culpable conduct claimed in diminution of damages, in accordance with section fourteen hundred eleven, shall be an affirmative defense to be pleaded and proved by the party asserting the defense.

1413 – Applicability.

§ 1413. Applicability. This article shall apply to all causes of action accruing on or after September first, nineteen hundred seventy-five.