H 8047Civil Procedure

Courts and Civil Procedure - Procedure Generally - Decisions, Special Findings and Assessment of Damages

Taking a risk or ignoring obvious danger will no longer block lawsuits, but will reduce the financial payout based on fault.

Held for study

Population
Affected

Email Legislator

Introduced Feb 27, 2026Committee House Judiciary

Plain-English Summary

This legislation modifies the laws regarding personal injury and property damage lawsuits in Rhode Island. Currently, if an injured person voluntarily took a risk or if a danger was completely obvious, they might be legally blocked from receiving any financial compensation. This bill changes that rule so that assuming a risk or encountering an open danger does not automatically prevent financial recovery. Instead, a judge or jury will determine the percentage of fault for both parties and reduce the damages awarded to the injured person based on their share of the negligence.

For younger readers

Imagine you are running on a playground where there is a big, obvious hole in the ground. If you fall in, the old rules said you might get zero dollars to help with your injury because you should have seen the hole. This new rule says you can still ask for money to help you heal, even if the danger was easy to see or you were taking a chance. However, you won't get all the money. The court will give you less money because you made a mistake, too. It shares the blame instead of ignoring it.

Who & Where It Applies

Impacted groups

Property OwnersInsurance CompaniesBusiness OwnersAttorneysInjured Plaintiffs

Impacted communities

All

Constitutional & Fiscal Check

None Likely

Estimated cost

Amount unknown

Estimated revenue

None

Bill Analysis

Both viewpoints

For Progressives

Expands access to justice for injured individuals, ensuring that victims are not denied compensation entirely simply because they were partially responsible or the hazard was visible.
Encourages property owners and corporations to maintain safer environments by removing the "open and obvious" defense that previously allowed them to neglect hazards without liability.
Protects workers and tenants who may be compelled to navigate hazardous conditions due to economic necessity, ensuring they can still seek recourse if injured.
Could lead to increased liability costs for municipalities and public entities, potentially diverting funds from public services to cover legal settlements for accidents in public spaces.
May result in higher insurance premiums for small homeowners and small businesses, potentially placing a financial strain on community members with limited resources.
Might encourage an increase in litigation, potentially clogging the court system and delaying justice for other urgent civil rights or social justice cases.

For Conservatives

Empowers the jury (the finder of fact) to make specific determinations regarding fault percentages rather than allowing judges to dismiss cases summarily.
Ensures that negligent parties are held accountable for their specific share of causation, adhering to a strict interpretation of comparative fault.
Clarifies the legal standard to reduce ambiguity in court rulings, potentially creating a more predictable legal environment regarding how damages are calculated.
Undermines the concept of personal responsibility by allowing individuals who knowingly engage in risky behavior or ignore obvious dangers to sue for damages.
Likely to increase insurance costs and legal expenses for businesses and property owners, acting as a hidden tax on economic activity.
Expands the scope of potential litigation against businesses, potentially creating a more hostile environment for commerce and property rights.

Votes

Loading votes...

Full Bill Text

Changes to existing Rhode Island law · 3 additions

SECTION 1. Section 9-20-4 of the General Laws in Chapter 9-20 entitled "Decisions, Special Findings and Assessment of Damages" is hereby amended to read as follows: 9-20-4. Comparative negligence. In all actions hereafter brought for personal injuries, or where personal injuries have resulted in death, or for injury to property, the fact that the person injured, or the owner of the property or person having control over the property, may not have been in the exercise of due care, the fact that the person injured may have assumed the risk of injury and/or death, or the fact that the danger or defect was open and obvious shall not bar a recovery, but damages shall be diminished by the finder of fact in proportion to the amount of negligence attributable to the person injured, or the owner of the property or the person having control over the property.

SECTION 2. This act shall take effect upon passage.