MISSISSIPPI LEGISLATURE

2012 Regular Session

To: Judiciary A

By: Representative Gunn

House Bill 1453

AN ACT TO AMEND SECTION 11-7-15, MISSISSIPPI CODE OF 1972, TO RESTORE THE OPEN AND OBVIOUS DEFENSE IN PERSONAL INJURY ACTIONS; AND FOR RELATED PURPOSES.

     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

     SECTION 1.  Section 11-7-15, Mississippi Code of 1972, is amended as follows:

     11-7-15.  In all actions hereafter brought for personal injuries, or where such injuries have resulted in death, or for injury to property, the fact that the person injured, or the owner of the property, or person having control over the property may have been guilty of contributory negligence shall not bar a recovery, but damages shall be diminished by the jury in proportion to the amount of negligence attributable to the person injured, or the owner of the property, or the person having control over the property.  There shall be no liability for injuries, where the condition is not dangerous, or where the condition is, or should be, known or obvious to the person injured.

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2012.