Providence Rhode Island Governmental Liability Laws
When the government causes you harm, you have rights!
Don't be a victim of government negligence. If you are a government employee that has been injured, or a civilian who has been injured by the actions of a government body or a government employee within the scope of his or her employment, you may be able to seek recovery against the government itself. This page addresses actions against the State of Rhode Island and the local government.
Click here for a general overview of Government Liability law prior to reading the Rhode Island Tort Claims Laws or here if your claim concerns federal government negligence. Providence government liability attorneys can help you regardless of which government body caused your injury. Call a qualified Providence government liability lawyer today for help with your claim against the government.
| Providence Rhode Island Tort Claims Law lawyers may pursue cases against state or municipal government bodies within the State of Rhode Island in adherence with the following code. Additionally, the governmental body that caused the injury must adhere to these rules in responding to the claim. |
OFFICIAL CODE OF RHODE ISLAND - TITLE 9 - Chapter 31 - Governmental Liability
9-31-1. Tort liability of state
(a) The state of Rhode Island and any political subdivision thereof, including all cities and towns, shall, subject to the period of limitations set forth in § 9-1-25, hereby be liable in all actions of tort in the same manner as a private individual or corporation; provided, however, that any recovery in any such action shall not exceed the monetary limitations thereof set forth in this chapter.
(b) Except as otherwise provided herein, neither the State nor any other public body of the State of Rhode Island shall have any liability for any claim arising prior to December 31, 2002, from the failure of a computer, software program, database, network, information system, firmware, embedded chip, or any other device, whether operated by or on behalf of the State of Rhode Island or one of its agencies, departments, divisions, or any public body as defined in § 9-1-31.1(a)(1), to interpret, produce, calculate, generate, or account for a date(s) or time(s) which date(s) or time(s) is associated with the year 2000 date change. This provision of this section shall apply without limitation to cities, towns, school committees, regional school committees, housing authorities, public libraries, sewer district, water districts, fire districts, agencies, authorities, boards, committees, subcommittees, councils and commissions. Provided that nothing herein contained shall exempt any public body from liability:
(1) For acts or omissions not in good faith, or
(2) For any malicious, willful, wanton, reckless or grossly negligent acts or omissions.
Provided that the public entity will only be liable for the proportion of damages attributable to its own degree of fault, and provided further that any such liability shall be governed by the monetary limitations of this chapter.
9-31-2. Limitations of damages--State
In any tort action against the state of Rhode Island or any political subdivision thereof, any damages recovered therein shall not exceed the sum of one hundred thousand dollars ($100,000); provided, however, that in all instances in which the state was engaged in a proprietary function in the commission of the tort, or in any situation whereby the state has agreed to indemnify the federal government or any agency thereof for any tort liability, the limitation on damages set forth in this section shall not apply.
9-31-2.1. Limitation of damages --State --Commuter rail service
9-31-3. Limitation of damages--Cities, towns, and fire districts
9-31-4. Damages in excess of limitation
The general assembly may, by special act, authorize actions of tort against cities and towns and fire districts in particular cases in which the amount of damages to be recovered may exceed one hundred thousand dollars ($100,000).
9-31-5. Claim appropriations
9-31-6. Attorney general to appear
9-31-7. Attorney for service
9-31-8. Defense of state employees--Attorney general
9-31-9. Refusal to defend--Attorney general
9-31-10. Exclusive control over litigation
9-31-11. Conflict--Payment of counsel fees by state
9-31-12. Indemnification--Reservation of obligation--Certification
9-31-13. Arbitration of claims
All actions brought under this chapter may, upon agreement of all parties to the action, be submitted to arbitration in accordance with § 8-6-5 and the rules and regulations promulgated thereunder, except that the state, its departments, agencies, boards, and commissions shall not be required to pay a filing fee for objecting to the arbitrator's award and demanding a trial.
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For information on the Federal Tort Claims Act, click here. For a general overview of Government Liability law, click here. |
Government Liability Attorneys Serve Metro Providence and Surrounding North Rhode Island Communities
Serving clients throughout Eastern New Hampshire, including Allenton, Ashaway, Attleboro, Bayside, Boston, Bradford, Cambridge, Chepachet, Cranston, Cumberland Hill, East Greenwich, Exeter, Fort Ninigret, Greenville, Harrisville, Hartford, Hope Valley, Kingston, Misquamicut, New Haven, Nooseneck, North Scituate, North Swansea, Pawtucket, Perryville, Providence, Rumford, Shannock, Springfield, Usquepaug, Valley Falls, Wakefield, Warwick, Washington, West Warwick, Westerly, Wood River Junction, Woonsocket, Worcestor, areas in the vicinity of Theodore Francis Green Memorial State Airport, and other communities in Providence County.
Rest assured that a Providence government liability attorney will be familiar with both federal and state laws and will have the expertise necessary to aggressively pursue your claim and get you the financial recovery you deserve. Contact one of the qualified Providence tort claims act lawyers on this site today.