Rhode Island Personal Injury Laws: Deadlines to Sue, Fault Rules and Damage Caps
Rhode Island injury rules: deadline to sue, medical malpractice and wrongful death time limits, comparative fault, damage caps, dog bites and auto insurance minimums.
Quick answers for Rhode Island
- Deadline to sue for an injury
- Actions for injuries to the person must be filed within three years after the cause of action accrues. Claims for spoken words (slander) have a one-year deadline. R.I. Gen. Laws § 9-1-14(a), (b)
- Fault rule (comparative negligence)
- Pure comparative negligence. An injured person's own negligence, or the fact that the danger was open and obvious, does not bar recovery; R.I. Gen. Laws § 9-20-4
- Wrongful death deadline
- Three years after the death. If the wrongful act was not known at the time of death, three years from when it was or reasonably should have been discovered. R.I. Gen. Laws § 10-7-2(c)
- Minimum car insurance
- A qualifying owner's liability policy must provide at least $25,000 for bodily injury or death of one person, $50,000 for bodily injury or death of two or more people in one accident, and $25,000 for property damage, or a $75,000 combined single limit. R.I. Gen. Laws § 31-47-2 (Motor Vehicle Reparations Act definitions)
Last verified: 2026-10-27
Deadlines to file
| Deadline to sue for an injury | Actions for injuries to the person must be filed within three years after the cause of action accrues. Claims for spoken words (slander) have a one-year deadline. Source: R.I. Gen. Laws § 9-1-14(a), (b) |
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| Deadline to sue for property damage | Rhode Island's limitation statutes do not list a specific deadline for property damage. Under the general rule, civil actions not otherwise specially provided for must be filed within ten years after the cause of action accrues. Source: R.I. Gen. Laws § 9-1-13(a) |
| Medical malpractice deadline | Three years from the incident. If the injury could not reasonably have been discovered at the time, the deadline is three years from when the malpractice should reasonably have been discovered. A minor on whose behalf no action was brought may sue up to age 21; for a person under mental disability, the deadline is three years after the disability ends. No separate outer limit (statute of repose) appears in the statute. Source: R.I. Gen. Laws § 9-1-14.1 |
| Wrongful death deadline | Three years after the death. If the wrongful act was not known at the time of death, three years from when it was or reasonably should have been discovered. Source: R.I. Gen. Laws § 10-7-2(c) |
| Suing the government | The state, cities and towns are liable in tort like private parties, but damages are generally capped at $100,000 per action against the state or a political subdivision, and $100,000 against a city, town or fire district. The caps do not apply when the government was engaged in a proprietary (business-type) function. Lawsuits must be filed within three years after the claim accrues. Before suing a city or town, a claimant must present an account of the claim to the town or city council; if it is not paid within 40 days, the claimant may sue. Presentment to cities and towns: https://webserver.rilegislature.gov/Statutes/TITLE45/45-15/45-15-5.htm |
Fault and damages
| Fault rule (comparative negligence) | Pure comparative negligence. An injured person's own negligence, or the fact that the danger was open and obvious, does not bar recovery; damages are reduced in proportion to the injured person's share of negligence, even if it is greater than the defendant's. Source: R.I. Gen. Laws § 9-20-4 |
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Wrongful death
| Who can sue for wrongful death | The action is brought by and in the name of the executor or administrator of the estate. Half of the recovery goes to the surviving spouse and half to the children; if there are no children, all goes to the spouse; if there is no spouse, to the next of kin under intestacy rules. A parent found in willful contempt for being more than six months behind on child support for the person who died cannot recover. Separate claims for loss of society, companionship or consortium are brought by the people who suffered that loss. A defendant found liable must pay at least $350,000. Source: R.I. Gen. Laws § 10-7-2(a)–(c) |
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| Wrongful death deadline | Three years after the death. If the wrongful act was not known at the time of death, three years from when it was or reasonably should have been discovered. Source: R.I. Gen. Laws § 10-7-2(c) |
Car accidents and dog bites
| Reporting a crash to police | The driver of a vehicle in a crash that strikes, injures or kills a person, or damages an attended vehicle, must immediately — by the quickest means of communication available — notify a nearby local or state police office. No dollar threshold applies to this notice. Source: R.I. Gen. Laws § 31-26-3(a) |
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| Crash report to the DMV | If a crash causes injury or death, or more than $1,000 in damage to the property of any one person (including the driver), the driver must send a written report to the Division of Motor Vehicles within 21 days, on the Division's forms. If the driver is physically unable and is not the owner, the owner must report within 21 days of learning of the crash. The Division can require supplemental reports. |
| Leaving the scene (hit and run) | A driver knowingly involved in a crash causing injury or death, or damage to an attended vehicle, must stop at or as close to the scene as possible and stay until they have given (on request) their name, address and vehicle registration number, shown their license, given reasonable help to anyone injured, and notified police. Knowingly leaving an injury crash: license loss of 1 to 5 years, plus up to 5 years in prison and/or a fine up to $5,000. Serious bodily injury (first offense): 1 to 10 years in prison, a $1,000–$5,000 fine and license revocation up to 2 years. Death (first offense): 2 to 15 years in prison, a $5,000–$10,000 fine and 3-year license revocation (higher for repeat offenses). Leaving a crash that damaged only an attended vehicle is a misdemeanor: $500–$1,000 fine, and/or up to 6 months' license suspension, and/or up to 6 months in jail. Property damage: https://webserver.rilegislature.gov/Statutes/TITLE31/31-26/31-26-2.htm |
| Minimum car insurance | A qualifying owner's liability policy must provide at least $25,000 for bodily injury or death of one person, $50,000 for bodily injury or death of two or more people in one accident, and $25,000 for property damage, or a $75,000 combined single limit. |
| Dog bites | Strict liability statute in part. If a dog assaults, bites or otherwise injures a person who is traveling the highway or is outside the enclosure of the dog's owner or keeper, the owner or keeper is liable for all damages, and the victim does not need to prove the owner knew the dog was dangerous. If the same dog causes damage again, the owner pays double damages and the court orders the dog killed. Source: R.I. Gen. Laws § 4-13-16 |
Slip, trip and fall injuries
| Sidewalk falls: who is responsible | Rhode Island's town-liability statute covers injuries caused by a 'defect, want of repair, or insufficient railing' in a public highway, causeway or bridge that a town is legally obliged to keep safe: the town is liable if the injury could have been prevented by reasonable care and the town had reasonable notice of the defect or could have had notice by proper care and diligence. The injured person must give the town written notice of the time, place and cause of the injury within 60 days, and recovery for personal injuries in these cases is capped at $100,000. The statutes read do not say in words whether a sidewalk counts as part of the highway or address abutting-owner liability. Notice: https://webserver.rilegislature.gov/Statutes/TITLE45/45-15/45-15-9.htm ; cap: https://webserver.rilegislature.gov/Statutes/TITLE45/45-15/45-15-12.htm . |
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| Claims against a city or county | Before suing a city or town, a claimant must present a particular account of the claim to the town or city council; if the treasurer does not make just satisfaction within 40 days, the claimant may sue the treasurer. For injuries from a defect in a highway, causeway or bridge, written notice of the time, place and cause, signed by or for the injured person, must be presented to the town or city council within 60 days (extended for incapacity), and suit must be filed within three years after the injury. Tort damages against a city, town or fire district are capped at $100,000 unless the government was engaged in a proprietary function; claims against the State follow separate rules (see government claims). Highway notice: https://webserver.rilegislature.gov/Statutes/TITLE45/45-15/45-15-9.htm ; damages cap: https://webserver.rilegislature.gov/Statutes/TITLE9/9-31/9-31-3.htm |
| Injuries on land used for recreation | A landowner (including a tenant, lessee or occupant, and also the state and municipalities) who directly or indirectly invites or permits people to use land for recreation without charge does not thereby assure that the land is safe, does not make them invitees or licensees owed a duty of care, and is not liable for injuries they cause. Recreation includes hunting, fishing, swimming, boating, camping, hiking, horseback riding and bicycling. The protection does not apply to willful or malicious failure to guard or warn against a dangerous condition after discovering the user's peril, or where the owner charges for recreational entry (lease payments from the state or a subdivision do not count). |
Motorcycle, pedestrian, bicycle, Uber/Lyft and truck crashes
| Motorcycle helmet law | Motorcycle, motor scooter and motor-driven cycle operators under 21 must wear an approved helmet, and all new operators, regardless of age, must wear one for one year after their first motorcycle license is issued. All operators must use approved eye protection. The equipment statute does not address passengers or whether not wearing a helmet affects damages. Source: R.I. Gen. Laws § 31-10.1-4 |
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| Lane splitting | No Rhode Island statute read names lane splitting or lane filtering. The general laned-roadway rule requires a vehicle to be driven as nearly as practical entirely within a single lane and not moved from the lane until the driver has made sure the move is safe. The motorcycle chapter (31-10.1) section list was checked and contains no lane-use provision; Title 31 was not fully reviewed, so no absence claim is made. Source: R.I. Gen. Laws § 31-15-11 |
| Pedestrian right-of-way | Where traffic signals are not in place or not working, drivers must yield (slowing or stopping if needed) to a pedestrian in a crosswalk who is on the driver's half of the road or approaching so closely from the other half as to be in danger, but a pedestrian may not suddenly leave a curb into the path of a vehicle too close to yield. A pedestrian crossing anywhere other than a marked crosswalk or an unmarked crosswalk at an intersection must yield to vehicles. Drivers must always use due care to avoid colliding with any pedestrian or bicyclist and take proper precaution around children and confused or incapacitated persons. |
| Bicycle laws | Bicyclists have the rights and duties of vehicle drivers and may ride on highway shoulders. A driver may pass a bicyclist only at a 'safe distance', enough to prevent contact if the cyclist fell into the driver's lane ('Frank's Law'); this does not apply to a driver in a lane next to a designated bike lane or going 15 mph or slower. Riders and passengers 15 and younger must wear a helmet; failure to wear one may not be treated as contributory or comparative negligence or admitted as evidence in a civil case. Bicycles may be ridden on sidewalks and crosswalks unless signs prohibit it, and riders there have the rights and duties of pedestrians. Helmet: https://webserver.rilegislature.gov/Statutes/TITLE31/31-19/31-19-2.1.htm ; sidewalks: https://webserver.rilegislature.gov/Statutes/TITLE31/31-19/31-19-11.htm |
| Uber and Lyft insurance | TNC drivers, or the company on their behalf, must carry primary auto insurance recognizing TNC use. While logged on and available but not providing rides: at least $50,000 per person and $100,000 per incident for death and bodily injury and $25,000 for property damage, plus uninsured/underinsured motorist coverage to the extent required by state law. While providing prearranged rides: at least $1,500,000 for death, bodily injury and property damage, plus uninsured/underinsured motorist coverage to the extent required by state law. If the driver's insurance lapses or falls short, the company's insurance must pay from the first dollar. Source: R.I. Gen. Laws § 39-14.2-14 |
| Truck safety and insurance rules | Commercial motor vehicles must meet the federal motor carrier safety regulations in 49 CFR parts 387 and 390-399 (including inspection, repair and maintenance and the federal minimum financial-responsibility rules), as amended, except where the state administrator finds them inapplicable; the federal minimum driver age rule does not apply to most intrastate drivers. Motor carriers and drivers must follow the federal hours-of-service limits in 49 CFR part 395. The statute defines 'carrier' to include vehicles of 10,001 pounds or more. Federal minimum insurance for interstate carriers is in 49 CFR 387.9. Hours of service: https://webserver.rilegislature.gov/Statutes/TITLE31/31-27/31-27-5.htm ; federal: https://www.ecfr.gov/current/title-49/section-387.9 |
Construction accidents
| Construction site injuries | Injured construction workers' claims against their own employer go through workers' compensation, which replaces all other rights and remedies against the employer and its directors, officers, agents and employees, except against an employer that failed to secure coverage. The worker may also sue a third party whose legal liability caused the injury (such as another contractor or an equipment maker) and receive both damages and compensation, but must reimburse the employer or insurer for compensation paid. No New York-style scaffold statute was located; a full-code review was not done. |
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Personal Injury & Wrongful Death FAQ
What is the statute of limitations for personal injury in Rhode Island?
Actions for injuries to the person must be filed within three years after the cause of action accrues. Claims for spoken words (slander) have a one-year deadline.
How long do you have to sue for property damage in Rhode Island?
Rhode Island's limitation statutes do not list a specific deadline for property damage. Under the general rule, civil actions not otherwise specially provided for must be filed within ten years after the cause of action accrues.
What is the statute of limitations for medical malpractice in Rhode Island?
Three years from the incident. If the injury could not reasonably have been discovered at the time, the deadline is three years from when the malpractice should reasonably have been discovered. A minor on whose behalf no action was brought may sue up to age 21; for a person under mental disability, the deadline is three years after the disability ends. No separate outer limit (statute of repose) appears in the statute.
How long do you have to file a wrongful death lawsuit in Rhode Island?
Three years after the death. If the wrongful act was not known at the time of death, three years from when it was or reasonably should have been discovered.
Who can file a wrongful death lawsuit in Rhode Island?
The action is brought by and in the name of the executor or administrator of the estate. Half of the recovery goes to the surviving spouse and half to the children; if there are no children, all goes to the spouse; if there is no spouse, to the next of kin under intestacy rules. A parent found in willful contempt for being more than six months behind on child support for the person who died cannot recover. Separate claims for loss of society, companionship or consortium are brought by the people who suffered that loss. A defendant found liable must pay at least $350,000.
Can you recover damages if you were partly at fault in Rhode Island?
Pure comparative negligence. An injured person's own negligence, or the fact that the danger was open and obvious, does not bar recovery; damages are reduced in proportion to the injured person's share of negligence, even if it is greater than the defendant's.
How do you file an injury claim against the government in Rhode Island?
The state, cities and towns are liable in tort like private parties, but damages are generally capped at $100,000 per action against the state or a political subdivision, and $100,000 against a city, town or fire district. The caps do not apply when the government was engaged in a proprietary (business-type) function. Lawsuits must be filed within three years after the claim accrues. Before suing a city or town, a claimant must present an account of the claim to the town or city council; if it is not paid within 40 days, the claimant may sue.
Is a dog owner liable for a dog bite in Rhode Island?
Strict liability statute in part. If a dog assaults, bites or otherwise injures a person who is traveling the highway or is outside the enclosure of the dog's owner or keeper, the owner or keeper is liable for all damages, and the victim does not need to prove the owner knew the dog was dangerous. If the same dog causes damage again, the owner pays double damages and the court orders the dog killed.
What is the minimum car insurance required in Rhode Island?
A qualifying owner's liability policy must provide at least $25,000 for bodily injury or death of one person, $50,000 for bodily injury or death of two or more people in one accident, and $25,000 for property damage, or a $75,000 combined single limit.
When do you have to report a car accident to the police in Rhode Island?
The driver of a vehicle in a crash that strikes, injures or kills a person, or damages an attended vehicle, must immediately — by the quickest means of communication available — notify a nearby local or state police office. No dollar threshold applies to this notice.
Do you have to report a car accident to the DMV in Rhode Island?
If a crash causes injury or death, or more than $1,000 in damage to the property of any one person (including the driver), the driver must send a written report to the Division of Motor Vehicles within 21 days, on the Division's forms. If the driver is physically unable and is not the owner, the owner must report within 21 days of learning of the crash. The Division can require supplemental reports.
What are your duties after a car accident in Rhode Island?
A driver knowingly involved in a crash causing injury or death, or damage to an attended vehicle, must stop at or as close to the scene as possible and stay until they have given (on request) their name, address and vehicle registration number, shown their license, given reasonable help to anyone injured, and notified police. Knowingly leaving an injury crash: license loss of 1 to 5 years, plus up to 5 years in prison and/or a fine up to $5,000. Serious bodily injury (first offense): 1 to 10 years in prison, a $1,000–$5,000 fine and license revocation up to 2 years. Death (first offense): 2 to 15 years in prison, a $5,000–$10,000 fine and 3-year license revocation (higher for repeat offenses). Leaving a crash that damaged only an attended vehicle is a misdemeanor: $500–$1,000 fine, and/or up to 6 months' license suspension, and/or up to 6 months in jail.
Who is liable if you trip and fall on a sidewalk in Rhode Island?
Rhode Island's town-liability statute covers injuries caused by a 'defect, want of repair, or insufficient railing' in a public highway, causeway or bridge that a town is legally obliged to keep safe: the town is liable if the injury could have been prevented by reasonable care and the town had reasonable notice of the defect or could have had notice by proper care and diligence. The injured person must give the town written notice of the time, place and cause of the injury within 60 days, and recovery for personal injuries in these cases is capped at $100,000. The statutes read do not say in words whether a sidewalk counts as part of the highway or address abutting-owner liability.
How long do you have to file a claim against a city or county in Rhode Island?
Before suing a city or town, a claimant must present a particular account of the claim to the town or city council; if the treasurer does not make just satisfaction within 40 days, the claimant may sue the treasurer. For injuries from a defect in a highway, causeway or bridge, written notice of the time, place and cause, signed by or for the injured person, must be presented to the town or city council within 60 days (extended for incapacity), and suit must be filed within three years after the injury. Tort damages against a city, town or fire district are capped at $100,000 unless the government was engaged in a proprietary function; claims against the State follow separate rules (see government claims).
Is a landowner liable for injuries on land used for recreation in Rhode Island?
A landowner (including a tenant, lessee or occupant, and also the state and municipalities) who directly or indirectly invites or permits people to use land for recreation without charge does not thereby assure that the land is safe, does not make them invitees or licensees owed a duty of care, and is not liable for injuries they cause. Recreation includes hunting, fishing, swimming, boating, camping, hiking, horseback riding and bicycling. The protection does not apply to willful or malicious failure to guard or warn against a dangerous condition after discovering the user's peril, or where the owner charges for recreational entry (lease payments from the state or a subdivision do not count).
Do you have to wear a motorcycle helmet in Rhode Island?
Motorcycle, motor scooter and motor-driven cycle operators under 21 must wear an approved helmet, and all new operators, regardless of age, must wear one for one year after their first motorcycle license is issued. All operators must use approved eye protection. The equipment statute does not address passengers or whether not wearing a helmet affects damages.
Is lane splitting legal in Rhode Island?
No Rhode Island statute read names lane splitting or lane filtering. The general laned-roadway rule requires a vehicle to be driven as nearly as practical entirely within a single lane and not moved from the lane until the driver has made sure the move is safe.
Who has the right of way, a pedestrian or a driver, in Rhode Island?
Where traffic signals are not in place or not working, drivers must yield (slowing or stopping if needed) to a pedestrian in a crosswalk who is on the driver's half of the road or approaching so closely from the other half as to be in danger, but a pedestrian may not suddenly leave a curb into the path of a vehicle too close to yield. A pedestrian crossing anywhere other than a marked crosswalk or an unmarked crosswalk at an intersection must yield to vehicles. Drivers must always use due care to avoid colliding with any pedestrian or bicyclist and take proper precaution around children and confused or incapacitated persons.
What are the bicycle laws in Rhode Island?
Bicyclists have the rights and duties of vehicle drivers and may ride on highway shoulders. A driver may pass a bicyclist only at a 'safe distance', enough to prevent contact if the cyclist fell into the driver's lane ('Frank's Law'); this does not apply to a driver in a lane next to a designated bike lane or going 15 mph or slower. Riders and passengers 15 and younger must wear a helmet; failure to wear one may not be treated as contributory or comparative negligence or admitted as evidence in a civil case. Bicycles may be ridden on sidewalks and crosswalks unless signs prohibit it, and riders there have the rights and duties of pedestrians.
What insurance must Uber and Lyft drivers have in Rhode Island?
TNC drivers, or the company on their behalf, must carry primary auto insurance recognizing TNC use. While logged on and available but not providing rides: at least $50,000 per person and $100,000 per incident for death and bodily injury and $25,000 for property damage, plus uninsured/underinsured motorist coverage to the extent required by state law. While providing prearranged rides: at least $1,500,000 for death, bodily injury and property damage, plus uninsured/underinsured motorist coverage to the extent required by state law. If the driver's insurance lapses or falls short, the company's insurance must pay from the first dollar.
What safety and insurance rules apply to trucks in Rhode Island?
Commercial motor vehicles must meet the federal motor carrier safety regulations in 49 CFR parts 387 and 390-399 (including inspection, repair and maintenance and the federal minimum financial-responsibility rules), as amended, except where the state administrator finds them inapplicable; the federal minimum driver age rule does not apply to most intrastate drivers. Motor carriers and drivers must follow the federal hours-of-service limits in 49 CFR part 395. The statute defines 'carrier' to include vehicles of 10,001 pounds or more. Federal minimum insurance for interstate carriers is in 49 CFR 387.9.
Can you sue for a construction accident in Rhode Island?
Injured construction workers' claims against their own employer go through workers' compensation, which replaces all other rights and remedies against the employer and its directors, officers, agents and employees, except against an employer that failed to secure coverage. The worker may also sue a third party whose legal liability caused the injury (such as another contractor or an equipment maker) and receive both damages and compensation, but must reimburse the employer or insurer for compensation paid.
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