2025 -- H 5911 | |
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LC001961 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2025 | |
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A N A C T | |
RELATING TO COURTS AND CIVIL PROCEDURE -- PROCEDURE GENERALLY | |
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Introduced By: Representatives Felix, Kazarian, Morales, Fogarty, Quattrocchi, Alzate, | |
Date Introduced: February 28, 2025 | |
Referred To: House Judiciary | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Sections 9-31-2 and 9-31-3 of the General Laws in Chapter 9-31 entitled |
2 | "Governmental Tort Liability" are hereby amended to read as follows: |
3 | 9-31-2. Limitations of damages -- State. |
4 | In any tort action against the state of Rhode Island or any political subdivision thereof, any |
5 | damages recovered therein shall not exceed the sum of one hundred thousand dollars ($100,000); |
6 | provided, however, that in all instances in which the state was engaged in a proprietary function in |
7 | the commission of the tort, or in any situation whereby the state has agreed to indemnify the federal |
8 | government or any agency thereof for any tort liability, the limitation on damages set forth in this |
9 | section shall not apply that all claims of willful and malicious conduct, or extreme recklessness |
10 | shall not be subject to a limitation on damages. The State of Rhode Island shall not be subject to |
11 | the provisions of § 9-21-10. |
12 | 9-31-3. Limitation of damages -- Cities, towns, and fire districts. |
13 | In any tort action against any city or town or any fire district, any damages recovered |
14 | therein shall not exceed the sum of one hundred thousand dollars ($100,000); provided, however, |
15 | that in all instances in which the city or town or fire district was engaged in a proprietary function |
16 | in the commission of the tort, the limitation of damages set forth in this section shall not apply that |
17 | all claims of willful and malicious conduct, or extreme recklessness shall not be subject to a |
18 | limitation on damages. The State of Rhode Island shall not be subject to the provisions of § 9-21- |
19 | 10. |
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1 | SECTION 2. This act shall take effect upon passage. |
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EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO COURTS AND CIVIL PROCEDURE -- PROCEDURE GENERALLY | |
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1 | This act would cap damages at $100,000 in tort actions against Rhode Island, cities, towns, |
2 | or fire districts, except for willful misconduct or extreme recklessness. It also exempts them from |
3 | § 9-21-10. |
4 | This act would take effect upon passage. |
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