RELATING TO COURTS AND CIVIL PROCEDURE -- PROCEDURE GENERALLY --, GOVERNMENTAL TORT LIABILITY
Summary
H7215 amends Rhode Island’s governmental tort liability law to cap damages at $100,000 in tort actions against the state, its political subdivisions, cities, towns, and fire districts. The bill preserves exceptions for claims involving proprietary functions, and it removes the damages cap for allegations of willful and malicious conduct or extreme recklessness. It also states that the state, cities, towns, and fire districts are not subject to § 9-21-10.
In practical terms, the bill would limit the financial exposure of public entities in most tort cases while leaving open higher or uncapped recovery in more serious misconduct cases. The measure would take effect immediately upon passage and would directly affect plaintiffs bringing negligence or other tort claims against government defendants, as well as the public entities and insurers that defend and pay those claims.
Impact
The bill would revise §§ 9-31-2 and 9-31-3 of the General Laws, lowering and clarifying the damages cap applicable to tort claims against the state, municipalities, and fire districts. It would preserve existing governmental immunity structure while expressly carving out proprietary-function cases and claims involving willful, malicious, or extremely reckless conduct. By exempting these entities from § 9-21-10, the bill would also alter how prejudgment interest or related civil procedure provisions apply in these cases, affecting litigation outcomes and settlement exposure for government defendants and claimants alike.
Sentiment
No committee transcripts or recorded votes were provided, so there is no documented debate or vote history to indicate support or opposition. Based on the bill text alone, the measure appears to reflect a policy choice favoring predictability and reduced liability exposure for public entities, while retaining exceptions for especially egregious conduct. The overall sentiment cannot be assessed beyond that textual framing.
Contention
The main point of contention is likely the balance between limiting taxpayer-funded liability and preserving adequate remedies for injured plaintiffs. Supporters would likely emphasize fiscal predictability, insurance costs, and protection of public budgets for the state, cities, towns, and fire districts. Opponents would likely argue that a $100,000 cap may undercompensate seriously injured claimants and reduce accountability, especially in cases where government negligence causes substantial harm. The exceptions for proprietary functions and willful or extremely reckless conduct may also be debated as to whether they are sufficiently broad or narrow.
Exempts recovery claims for damages due to a town's neglect in maintaining highways or bridges from the provisions of chapter 31 of title 9 on governmental tort liability.
Provide to provide greater clarity in insurance claim settlements, the appraisal process and procedural safeguards to enhance consumer protections against bad faith practices by insurers.
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.
Prohibits gender transition procedures for all minors, uses of public funds, discipline for health care providers, a 30 year statute of limitation, after reaching age of majority, and right to a civil action for damages.