AN ACT RELATING TO TOWNS AND CITIES -- ACTIONS BY AND AGAINST TOWNS (Limits the recovery for personal injuries actions against any town to $3,000 retroactive to all causes of action arising after January 1, 2026, and prohibits the use of subsequent remedial measures in roadway/highway defect cases.)

H7213

2026 -- H 7213
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LC003854
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STATE OF RHODE ISLAND
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2026
____________
A N A C T
RELATING TO TOWNS AND CITIES -- ACTIONS BY AND AGAINST TOWNS

Introduced By:
Representatives Felix, Place, Kazarian, Morales, Alzate, Tanzi, Kislak,
and Fogarty

Date Introduced:
January 21, 2026

Referred To:
House Judiciary
It is enacted by the General Assembly as follows:
1
SECTION 1. Sections 45-15-11 and 45-15-12 of the General Laws in Chapter 45-15
2
entitled "Actions by and Against Towns" are hereby amended to read as follows:
3

45-15-11. Effect of mending of highway by town.
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No work done by any city or town, upon any way or street, in mending or repairing the
5
way or street, shall constitute or be any evidence of an acceptance of the way or street by the city
6
or town, nor shall it in any way change the status of the way or street; and the mending or repairing
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of the way or street
, and any subsequent remedial measures taken that would have made an earlier
8
injury or harm less likely to occur,
shall in no way render the city or town liable to pay
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compensation or damages by reason of injuries suffered by any person or persons traveling upon
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the way or street
, and evidence of the subsequent measures shall not be admissible to prove
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negligence, culpable conduct, a defect in the product or design, or a need for a warning or
12
instruction
.
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45-15-12. Maximum recovery for personal injuries.
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(a)
No

Notwithstanding §§ 9-31-2 and 9-31-3, no
person shall recover from any town in
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any action mentioned in §§ 45-15-8 and 45-15-9, a greater sum for personal injuries than
one
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hundred thousand dollars ($100,000)

three thousand dollars ($3,000)
.
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(b) This section shall be given retroactive effect and apply to all causes of action arising on
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or after
May 4, 1984

January 1, 2026
.

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 TOWNS AND CITIES -- ACTIONS BY AND AGAINST TOWNS
***
1
This act would limit the recovery for personal injuries actions against any town to three
2
thousand dollars ($3,000) retroactive to all causes of action arising after January 1, 2026, and would
3
prohibit the use of subsequent remedial measures in roadway/highway defect cases.
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This act would take effect upon passage.
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LC003854
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LC003854 - Page 3 of 3