Expands the statute of limitations with respect to any wrongful act resulting in the death of a child in utero or within six (6) months after the birth of the child, to ten (10) years after the death of the child.
Impact
The passage of H7375 is expected to have significant implications for parents and families affected by the loss of newborns or unborn children. By extending the statute of limitations, the bill could enable more parents to pursue legal actions that they might not have previously been able to consider due to the restrictions of the existing timeframe. Critics, however, may raise concerns about potential legal ambiguities and the implications for individuals or entities that may be held liable for wrongful deaths extending back a decade, which could create difficulties in defense and fair legal processes.
Summary
House Bill 7375 amends the existing statutes regarding wrongful death actions in Rhode Island. The key provision of the bill expands the statute of limitations for bringing wrongful death claims related to the loss of a child in utero or those who pass away within the first six months after birth. The new law proposes that such actions must be commenced within ten years of the child's death, a substantial extension from the current three-year limitation for similar cases. This change aims to provide more time for parents to seek justice and compensation in particularly traumatic circumstances surrounding the loss of an infant or unborn child.
Contention
Discussions surrounding H7375 may highlight debates on balancing the rights of grieving parents with the need for legal certainty for potential defendants. Supporters argue that the increase in the limitation period is a compassionate response to the complex emotional and psychological aftermath of such losses, allowing families time to recover and consider their legal options. Nevertheless, opposition may come from legal professionals and advocacy groups concerned with how these extended timeframes could affect accountability and the preparedness of the legal system to handle cases that arise long after the incident.