H 7431Civil Procedure

Courts and Civil Procedure - Procedure Generally - Causes of Action

Harter's Law lets severe child abuse victims sue up to age 53 but caps the payout at $500,000.

Held for study

Population
Affected

Introduced Jan 30, 2026Committee House Judiciary

Plain-English Summary

This bill, known as "Harter's Law," extends the time limit for filing civil lawsuits regarding injuries caused by first-degree child abuse. It allows victims to sue up to thirty-five years after the incident occurs, but the clock stops running until the victim turns eighteen. This means a lawsuit could potentially be filed until the victim acts fifty-three. While it extends the timeframe for seeking justice, the legislation also establishes a maximum limit of $500,000 on the financial damages a victim can recover in these specific cases.

For younger readers

This new rule is called "Harter's Law." It helps people who were hurt very badly by adults when they were kids. Sometimes, it takes a long time for someone to feel ready to tell a judge what happened. This law gives them much more time—until they are 53 years old—to ask a court for help to make things right. However, the law also says that the most money they can get from the person who hurt them is limited to a specific amount.

Who & Where It Applies

Impacted groups

Victims of child abusePerpetrators of child abusePersonal injury attorneysInsurance companiesParents and guardians

Impacted communities

All

Constitutional & Fiscal Check

Moderate risk

There is a low to moderate risk regarding Due Process. Defendants may argue that a 35-year extension allows claims where evidence has degraded significantly, preventing a fair defense. Additionally, the $500,000 damages cap could be challenged under the Rhode Island Constitution's "Right to a Remedy" clause (Art. 1, Sec. 5), though courts often uphold statutory caps in tort cases.

Estimated cost

None

Estimated revenue

None

Bill Analysis

Both viewpoints

For Progressives

Significantly extends the statute of limitations for victims of first-degree child abuse, acknowledging that trauma processing often takes decades and ensuring victims have a realistic pathway to seek justice later in life.
Provides a distinct legal mechanism to hold perpetrators of severe abuse accountable, potentially deterring future abuse and validating the experiences of survivors who were previously time-barred from the legal system.
Ensures that the timeline for legal action is paused (tolled) until the victim reaches adulthood, protecting the rights of minors who lack the agency or capacity to sue while under the control of abusive adults.
Imposes a strict $500,000 cap on damages, which may be insufficient to cover lifetime medical, therapeutic, and emotional costs for survivors of severe abuse, effectively devaluing their suffering.
The damages cap disproportionately protects wealthy perpetrators and institutions from facing full financial accountability for the harm they caused, undermining the concept of restorative justice.
Limiting potential recovery may discourage attorneys from taking these cases on a contingency basis, potentially leaving low-income victims without the legal representation necessary to utilize this extended statute of limitations.

For Conservatives

Establishes a firm financial cap on damages at $500,000, which provides predictability for insurers and defendants and prevents "runaway juries" from awarding excessive sums that could bankrupt individuals or organizations.
Reinforces the moral obligation to protect children by ensuring that perpetrators of the most severe forms of abuse remain liable for their actions for a significant portion of their lives.
Creates a clearly defined statute of limitations, balancing the need for justice with the legal principle that liability should not be indefinite, offering a specific 35-year window rather than an open-ended timeline.
Extending the liability period to 35 years after a victim turns 18 allows lawsuits based on decades-old events, where evidence may be lost and witnesses' memories may have faded, making it difficult for defendants to fairly prove their innocence.
The extended timeframe increases the risk of the legal system being weaponized through false or mistakenly remembered accusations made nearly half a century after the alleged events occurred.
Creates a long tail of liability that could affect estate planning and the financial security of individuals who may be blindsided by litigation late in life for allegations from their youth.

Votes

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Full Bill Text

Changes to existing Rhode Island law · 12 additions

SECTION 1. Section 9-1-14 of the General Laws in Chapter 9-1 entitled "Causes of Action" is hereby amended to read as follows: 9-1-14. Limitation of actions for words spoken or personal injuries.

(a) Actions for words spoken shall be commenced and sued within one year next after the words spoken, and not after.

(b) Actions for injuries to the person shall be commenced and sued within three (3) years next after the cause of action shall accrue, and not after, except as provided for otherwise in subsection (c) herein. Notwithstanding anything herein, any claim based on sexual abuse or exploitation of a child shall be governed by § 9-1-51 and any claim based on conduct consisting of first degree child abuse in violation of § 11-9-5.3(b)(1), shall be commenced within the statute of limitations contained in § 9-1-55 and any damages recovered therein shall not exceed the sum of five hundred thousand dollars ($500,000).

(c) As to an action for personal injuries wherein an injured party is entitled to proceed against an insurer pursuant to § 27-7-2, where an action is otherwise properly filed against an insured within the time limitations provided for by this section, and process against the insured tortfeasor has been returned “non estinventus” and filed with the court, then the statutory limitation for filing an action under § 27-7-2 directly against an insurer shall be extended an additional one hundred twenty (120) days after the expiration of the time limitation provided for in subsection (b) herein.

SECTION 2. Chapter 9-1 of the General Laws entitled "Causes of Action" is hereby amended by adding thereto the following section: 9-1-55. Limitation on actions based on child abuse -- Harter's Law.

(a) This section shall be known and may be referred to as "Harter's Law".

(b) Any civil action brought pursuant to the provisions of § 9-1-2, for injury as a result of conduct, in violation of § 11-9-5.3(b)(1), shall be commenced and sued within thirty-five (35) years next, after the cause of action shall accrue, and not after; provided, however, that the time limit or commencement of an action under this section, shall be tolled for a child, until the child reaches eighteen (18) years of age.

SECTION 3. This act shall take effect upon passage.