SF 1 (LSB 1132XS (5) 91)

SENATE FILE 1

BY  SHIPLEY

A BILL FOR

An Act relating to comparative fault of railway corporations.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  327D.16A  Comparative fault —— limitation of application.
   Notwithstanding sections 327D.188 and 668.3, in any actions brought against any railway corporation to recover damages for property damage, personal injury, or death in any crash or collision in which the freight or work railroad train exceeded seven thousand feet and the jury finds that the length of the freight or work railroad train caused, in whole or in part, the property damage, personal injury, or death in the crash or collision, the recovery by the claimant or other party shall not be diminished due to the comparative fault of the claimant or other party.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to comparative fault of railway corporations. The bill provides that when a train is 7,000 feet or longer and the jury determines that the length of the train contributed to the accident, the railway corporation shall not be eligible to seek a reduction in damages under the theory of comparative fault.
   Under current law, any damages for fault resulting in injury are diminished in proportion to the amount of fault attributable to the claimant. Such comparative fault considerations do not apply to the bill.