AN ACT RELATING TO COURTS AND CIVIL PROCEDURE -- PROCEDURE GENERALLY -- GOVERNMENTAL TORT LIABILITY (Caps damages at $100,000 in tort actions against Rhode Island, cities, towns, or fire districts, except for willful misconduct or extreme recklessness. It also exempts them from § 9-21-10.)

H7215

2026 -- H 7215
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LC003860
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STATE OF RHODE ISLAND
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2026
____________
A N A C T
RELATING TO COURTS AND CIVIL PROCEDURE -- PROCEDURE GENERALLY --
GOVERNMENTAL TORT LIABILITY

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

Date Introduced:
January 21, 2026

Referred To:
House Judiciary
It is enacted by the General Assembly as follows:
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SECTION 1. Sections 9-31-2 and 9-31-3 of the General Laws in Chapter 9-31 entitled
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"Governmental Tort Liability" are hereby amended to read as follows:
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9-31-2. Limitations of damages — State.
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In any tort action against the state of Rhode Island or any political subdivision thereof, any
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damages recovered therein shall not exceed the sum of one hundred thousand dollars ($100,000);
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provided, however,
that in all instances in which the state was engaged in a proprietary function in
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the commission of the tort, or in any situation whereby the state has agreed to indemnify the federal
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government or any agency thereof for any tort liability, the limitation on damages set forth in this
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section shall not apply

that all claims of willful and malicious conduct, or extreme recklessness
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shall not be subject to a limitation on damages. The State of Rhode Island shall not be subject to
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the provisions of § 9-21-10
.
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9-31-3. Limitation of damages — Cities, towns, and fire districts.
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In any tort action against any city or town or any fire district, any damages recovered
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therein shall not exceed the sum of one hundred thousand dollars ($100,000); provided, however,
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that in all instances in which the city or town or fire district was engaged in a proprietary function
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in the commission of the tort, the limitation of damages set forth in this section shall not apply

that
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all claims of willful and malicious conduct, or extreme recklessness shall not be subject to a
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limitation on damages. Any city or town or any fire district shall not be subject to the provisions of

1
§ 9-21-10
.
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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 GENERALLY --
GOVERNMENTAL TORT LIABILITY
***
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This act would cap damages at $100,000 in tort actions against Rhode Island, cities, towns,
2
or fire districts, except for willful misconduct or extreme recklessness. It also exempts them from
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§ 9-21-10.
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This act would take effect upon passage.
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LC003860
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