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S 2722Civil Procedure

Courts and Civil Procedure - Procedure Generally - Causes of Action

At-fault drivers must pay the replacement value for any car seats in a crash, regardless of visible damage.

On the floor38 Yea0 Nay0 Not voting
Population
Affected
15
Email Legislator
Introduced Feb 27, 2026Committee Senate Judiciary

Plain-English Summary

This legislation mandates that anyone responsible for a motor vehicle accident must pay the owner of a child restraint system (car seat) the full replacement value of that system if it was in the vehicle during the crash. This rule applies regardless of whether a child was in the seat at the time or if there is any visible damage to the seat. Once the at-fault driver or their insurance company pays for the replacement, they are entitled to take possession of the old car seat.

For younger readers

If a car gets into an accident and there is a child car seat inside, the driver who caused the accident has to pay to buy a brand new seat. This is a law because safety experts say you shouldn't use a car seat after a crash, even if it looks like nothing is wrong with it. Under this rule, the person who caused the accident pays for a new one, and then they are allowed to take the old one away so nobody uses it by mistake.

Who & Where It Applies

Impacted groups
Parents and GuardiansVehicle OwnersInsurance CompaniesDriversChild Safety Advocates
Impacted communities
All

Constitutional & Fiscal Check

None Likely

Estimated cost
None
Estimated revenue
None

Bill Analysis

Both viewpoints
For Progressives
  • Protects low-income families from the sudden, unbudgeted financial burden of replacing expensive safety equipment, ensuring that economic status does not compromise a child's safety.
  • Prioritizes community welfare and public health by ensuring that compromised car seats are removed from circulation, reducing the risk of injury to children in future accidents.
  • Strengthens consumer protections against insurance companies that might otherwise deny claims by arguing that a car seat is still functional because it lacks visible damage.
  • Could potentially lead to a slight increase in auto insurance premiums, which disproportionately impacts working-class individuals who rely on vehicles for transportation.
  • Creates a potential environmental issue by mandating the disposal of plastic-heavy products that may technically still be functional, rather than finding safe recycling solutions.
  • Relies on the civil legal system for enforcement, which may still be difficult to navigate for disadvantaged individuals if an at-fault driver or insurer refuses to comply without a lawsuit.
For Conservatives
  • Upholds the principle of personal responsibility by ensuring that the individual who causes damage is the one financially responsible for making the victim whole.
  • Supports family values and the protection of children by removing financial barriers to maintaining essential safety equipment for parents.
  • Clarifies property rights and liability rules, reducing ambiguity in civil disputes and potentially speeding up claim resolutions without extensive government intervention.
  • Imposes a government mandate on private insurance contracts and liability settlements, requiring payment for property that may not actually be damaged.
  • Could contribute to higher insurance costs for all drivers by forcing insurers to pay out replacement values for items based on regulatory assumption rather than proven loss.
  • May encourage wasteful spending or fraudulent claims where individuals seek upgrades to newer car seat models at the expense of others, despite the old seat being functional.

Votes

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Full Bill Text

Changes to existing Rhode Island law · 12 additions

SECTION 1. Chapter 9-1 of the General Laws entitled "Causes of Action" is hereby amended by adding thereto the following section: 9-1-55. Recovery of replacement value of a child restraint system in a motor vehicle accident.

(a) Any person responsible for a collision with a motor vehicle, which contains or employs a federally approved child restraint system under 49 CFR § 571.213 that is being used to transport a child in compliance with § 31-22-22 or which is unoccupied at the time of the collision, shall be liable to the owner of the child restraint system for the replacement value of the child restraint system.

(b) The person responsible for the collision or their insurer shall be entitled to take possession of the child restraint system upon payment of the replacement value pursuant to the provisions of subsection (a) of this section.

(c) The provision of this section shall apply regardless of the lack of any visible damage to the child restraint system.

SECTION 2. This act shall take effect upon passage.