411.182 Allocation of fault in tort actions -- Award of damages -- Effect of release.

288 words·~1 min read·/ky/chapter-411/411-182

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)In all tort actions, including products liability actions, involving fault of more than

one

(1)party to the action, including third-party defendants and persons who have

been released under subsection

(4)of this section, the court, unless otherwise agreed

by all parties, shall instruct the jury to answer interrogatories or, if there is no jury,

shall make findings indicating:

(a)The amount of damages each claimant would be entitled to recover if

contributory fault is disregarded; and

(b)The percentage of the total fault of all the parties to each claim that is

allocated to each claimant, defendant, third-party defendant, and person who

has been released from liability under subsection

(4)of this section.

(2)In determining the percentages of fault, the trier of fact shall consider both the

nature of the conduct of each party at fault and the extent of the causal relation

between the conduct and the damages claimed.

(3)The court shall determine the award of damages to each claimant in accordance

with the findings, subject to any reduction under subsection

(4)of this section, and

shall determine and state in the judgment each party's equitable share of the

obligation to each claimant in accordance with the respective percentages of fault.

(4)A release, covenant not to sue, or similar agreement entered into by a claimant and a

person liable, shall discharge that person from all liability for contribution, but it

shall not be considered to discharge any other persons liable upon the same claim

unless it so provides. However, the claim of the releasing person against other

persons shall be reduced by the amount of the released persons' equitable share of

the obligation, determined in accordance with the provisions of this section.