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H 7215Civil Procedure

Courts and Civil Procedure - Procedure Generally - Governmental Tort Liability

This bill removes the $100,000 limit on government liability lawsuits if officials acted with malice or extreme recklessness.

Held for study
Population
Affected
25
Email Legislator
Introduced Jan 21, 2026Committee House Judiciary

Plain-English Summary

This legislation updates the laws regarding lawsuits filed against the State of Rhode Island, its cities, towns, and fire districts. Currently, there is a general limit of $100,000 on the amount of money a person can win in a lawsuit against the government. This bill removes an existing exception for government business-like activities but adds a significant new exception: the $100,000 limit will no longer apply if the government's actions involved willful and malicious conduct or extreme recklessness. Additionally, it clarifies that the government is not responsible for paying interest on these legal judgments.

For younger readers

Imagine if the government did something that hurt someone. Usually, there is a rule that says the government only has to pay a certain limit of money ($100,000) to fix the problem. This new rule changes that. Now, if the government hurts someone on purpose or by being extremely dangerous and careless, they might have to pay more than that limit to make things right. It helps make sure that if the government acts really badly, they can be held fully responsible for the harm they cause.

Who & Where It Applies

Impacted groups
State of Rhode IslandCities and TownsFire DistrictsVictims of government misconductAttorneys
Impacted communities
All

Constitutional & Fiscal Check

None Likely

Estimated cost
Amount unknown
Estimated revenue
None

Bill Analysis

Both viewpoints
For Progressives
  • Ensures that victims of police brutality or egregious government misconduct can receive full financial compensation without arbitrary caps, promoting restorative justice.
  • Creates a strong financial deterrent against "willful and malicious" behavior by state agents, potentially reducing instances of abuse of power.
  • Aligns with social justice goals by holding government institutions accountable for extreme recklessness that often disproportionately affects marginalized communities.
  • Removes the "proprietary function" exception, which could unjustly limit compensation for victims injured by simple negligence in state-run business operations (like state venues).
  • Explicitly blocks pre-judgment interest, which disadvantages victims with limited resources who have to wait years for a judgment against the state.
  • The standard of "extreme recklessness" is a high legal bar, potentially leaving victims of gross negligence (that falls short of "extreme") with inadequate compensation.
For Conservatives
  • Protects the taxpayer base by maintaining the liability cap for standard negligence cases, preventing excessive drains on the public treasury.
  • Eliminates the requirement for the government to pay pre-judgment interest, which is a fiscally responsible move that reduces government spending.
  • Upholds the rule of law by ensuring that government actors who behave with actual malice are not shielded by statutory protections intended for honest mistakes.
  • Exposing cities and towns to unlimited liability for "recklessness" could bankrupt smaller municipalities and necessitate tax increases to cover judgments.
  • Likely to increase litigation costs as plaintiffs' attorneys will aggressively argue "malice" in every case to bypass the $100,000 cap.
  • May deter individuals from serving in law enforcement or public office due to the increased threat of high-dollar lawsuits and scrutiny.

Votes

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Full Bill Text

Changes to existing Rhode Island law · 9 additions · 6 deletions

SECTION 1. Sections 9-31-2 and 9-31-3 of the General Laws in Chapter 9-31 entitled "Governmental Tort Liability" are hereby amended to read as follows: 9-31-2. Limitations of damages — State. In any tort action against the state of Rhode Island or any political subdivision thereof, any damages recovered therein shall not exceed the sum of one hundred thousand dollars ($100,000); provided, however, that in all instances in which the state was engaged in a proprietary function in the commission of the tort, or in any situation whereby the state has agreed to indemnify the federal government or any agency thereof for any tort liability, the limitation on damages set forth in this section shall not apply that all claims of willful and malicious conduct, or extreme recklessness shall not be subject to a limitation on damages. The State of Rhode Island shall not be subject to the provisions of § 9-21-10. 9-31-3. Limitation of damages — Cities, towns, and fire districts. In any tort action against any city or town or any fire district, any damages recovered therein shall not exceed the sum of one hundred thousand dollars ($100,000); provided, however, that in all instances in which the city or town or fire district was engaged in a proprietary function in the commission of the tort, the limitation of damages set forth in this section shall not apply that all claims of willful and malicious conduct, or extreme recklessness shall not be subject to a limitation on damages. Any city or town or any fire district shall not be subject to the provisions of § 9-21-10.

SECTION 2. This act shall take effect upon passage.