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