Question 1

Who is liable if you trip and fall on a sidewalk in Rhode Island?

Accepted Answer

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.

Question 2

How long do you have to file a claim against a city or county in Rhode Island?

Accepted Answer

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).

Question 3

How do you file an injury claim against the government in Rhode Island?

Accepted Answer

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.

Question 4

What is the statute of limitations for personal injury in Rhode Island?

Accepted Answer

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.

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 . Source: R.I. Gen. Laws §§ 45-15-8, 45-15-9, 45-15-12
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 Source: R.I. Gen. Laws §§ 45-15-5, 45-15-9, 45-15-10, 9-31-3
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 Source: R.I. Gen. Laws §§ 9-31-1, 9-31-2, 9-31-3, 9-1-25, 45-15-5
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)

Sidewalk and Public Property Falls in Rhode Island

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