51-3-56. Apportionment of fault.

In any action for negligent security:

If the trier of fact finds that any defendant is liable to the plaintiff, the trier of fact shall make an apportionment of fault under Code Section 51-12-33, and in making such an apportionment, the trier of fact shall reasonably apportion fault to:#

1. (A)

   The owner or occupier;#

2. (B)

   Any third person whose wrongful conduct was a cause of the injury from which the claim of negligent security arises; and#

3. (C)

   Any other persons to whom fault otherwise should be apportioned under Code Section 51-12-33;#

In connection with an apportionment of fault under Code Section 51-12-33, no party shall offer evidence, or make an argument or other comment in the hearing of any juror or prospective juror, concerning:#

1. (A)

   Any sentence of imprisonment or probation, fine, or other punishment that has been, or could be, imposed in a criminal prosecution of any third person for the wrongful conduct from which the claim of negligent security arises;#

2. (B)

   The financial resources of any party or nonparty; or#

3. (C)

   The effect of an apportionment of fault upon any award of damages to the plaintiff; and#

If a jury fails as the trier of fact to apportion a reasonable degree of fault to the third person whose wrongful conduct was a cause of the injury from which the claim of negligent security arises, the trial court shall set aside the verdict of the jury and order a retrial of liability and damages. There shall be a rebuttable presumption that an apportionment of fault is unreasonable if the total percentage of fault apportioned to all third persons for their wrongful conduct is less than the total percentage of fault apportioned to all owners or occupiers, security contractors, and other persons and entities that did not engage in wrongful conduct.#