AN ACT RELATING TO COURTS AND CIVIL PROCEDURE -- PROCEDURE IN PARTICULAR ACTIONS -- DEATH BY WRONGFUL ACT (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.)

H7207

2026 -- H 7207
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LC003931
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STATE OF RHODE ISLAND
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2026
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A N A C T
RELATING TO COURTS AND CIVIL PROCEDURE -- PROCEDURE IN PARTICULAR
ACTIONS -- DEATH BY WRONGFUL ACT

Introduced By:
Representatives Perez, Fellela, Azzinaro, Phillips, Fascia, Hull, Santucci,
Quattrocchi, Diaz, and Nardone

Date Introduced:
January 21, 2026

Referred To:
House Judiciary
It is enacted by the General Assembly as follows:
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SECTION 1. Section 10-7-2 of the General Laws in Chapter 10-7 entitled "Death by
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Wrongful Act" is hereby amended to read as follows:
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10-7-2. Persons who may bring actions — Limitation of actions — Minimum recovery
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period.
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(a) Every action under this chapter, other than one brought under § 10-7-1.2, shall be
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brought by and in the name of the executor or administrator of the deceased person, whether
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appointed or qualified within or without the state, and of the amount recovered in every action
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under this chapter one-half (½) shall go to the husband or widow, and one-half (½) shall go to the
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children of the deceased, and if there are no children, the whole shall go to the husband or widow,
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and, if there is no husband or widow, to the next of kin, in the proportion provided by law in relation
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to the distribution of personal property left by persons dying intestate; except that no person who
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is adjudged to be in willful contempt of being in excess of six (6) months in arrears of an order to
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pay child support for the deceased individual shall be allowed recovery pursuant to this chapter and
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a person so adjudged shall be deemed to have predeceased the child for the purpose of determining
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distribution under the intestacy statute.
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(b) Every action brought under § 10-7-1.2 shall be brought by and in the name of the person
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or persons sustaining the loss of society, companionship and/or consortium and the amount
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recovered shall go to the person or persons who sustained the loss.

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(c) Except as otherwise provided, every action brought pursuant to this chapter shall be
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commenced within three (3) years after the death of the person. With respect to any death caused
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by any wrongful act, neglect, or default that is not known at the time of death, the action shall be
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commenced within three (3) years of the time that the wrongful act, neglect, or default is discovered
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or, in the exercise of reasonable diligence, should have been discovered.
With respect to any
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wrongful act, neglect or default resulting in the death of a child in utero or within six (6) months
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after the birth of the child, the action shall be commenced within ten (10) years after the death of
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the child.
Whenever any person or corporation is found liable under §§ 10-7-1 — 10-7-4 the person
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or corporation shall be liable in damages in the sum of not less than three hundred fifty thousand
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dollars ($350,000).
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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 IN PARTICULAR
ACTIONS -- DEATH BY WRONGFUL ACT
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This act would expand the statute of limitations with respect to any wrongful act resulting
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in the death of a child in utero or within six (6) months after the birth of the child, to ten (10) years
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after the death of the child.
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This act would take effect upon passage.
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