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S 3188Land Use

Parks and Recreational Areas - Public Use of Private Lands-Liability Limitations

This bill removes the state and municipalities from liability protections given to landowners who allow public recreational use.

Held for study
Population
Affected
45
Email Legislator
Introduced Apr 3, 2026Committee Senate Judiciary

Plain-English Summary

This bill changes the definition of a landowner in the state law that limits liability when people use private land for recreation. Specifically, it removes the state and local municipalities from being considered "owners" under this law. By taking them out of this definition, the state and local governments will no longer have the same liability protections as private landowners if someone gets hurt while using public lands, like parks or watercourses, for recreational activities.

For younger readers

There is a law that protects people who own land from getting in trouble if someone gets hurt while playing on their property for free. This bill changes that law so it only protects regular people and businesses, not the government or towns. So, if someone gets hurt playing in a town park or state forest, the town or state might have to take responsibility for the accident.

Who & Where It Applies

Impacted groups
State governmentMunicipalitiesPark visitorsLandownersPersonal injury lawyers
Impacted communities
All

Constitutional & Fiscal Check

None Likely

Estimated cost
Amount unknown
Estimated revenue
None

Bill Analysis

Both viewpoints
For Progressives
  • Increases government accountability by ensuring the state and municipalities can be held legally responsible for injuries occurring in public parks and recreational areas.
  • Encourages local governments to better maintain public lands and recreational facilities, leading to safer environments for all community members, especially those relying on free public spaces.
  • Provides a vital legal pathway for injured individuals, including low-income residents who cannot afford private recreation, to seek compensation if they are harmed due to government negligence.
  • May lead municipalities to close public parks, trails, or recreational areas to avoid the risk of costly lawsuits, reducing the community's access to free outdoor spaces.
  • Could force local governments to divert funds away from essential social safety net programs or community services to pay for increased liability insurance and legal settlements.
  • Might discourage the creation of new public recreational spaces, disproportionately harming disadvantaged communities that rely heavily on free, government-provided parks for leisure and exercise.
For Conservatives
  • Removes special legal protections for the government, ensuring that the state and municipalities are held to the same standards of legal liability as private citizens and businesses.
  • Empowers individual citizens to pursue rightful compensation against the government through the courts if their personal property or physical well-being is harmed due to poor maintenance of public property.
  • Incentivizes bureaucratic efficiency and better risk management by forcing government entities to properly maintain their land rather than hiding behind statutory immunity.
  • Exposes taxpayers to significant financial burdens, as the cost of defending against personal injury lawsuits and paying out settlements will ultimately be funded by tax dollars.
  • Could lead to an increase in frivolous lawsuits against towns and the state by individuals seeking easy payouts for minor injuries sustained on public land.
  • May result in increased taxes or fees for citizens as municipalities struggle to cover surging liability insurance premiums for public recreational areas.

Votes

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Full Bill Text

Changes to existing Rhode Island law · 1 addition · 1 deletion

SECTION 1. Section 32-6-2 of the General Laws in Chapter 32-6 entitled "Public Use of Private Lands — Liability Limitations" is hereby amended to read as follows: 32-6-2. Definitions. As used in this chapter:

(1) “Charge” means the admission price or fee asked in return for invitation or permission to enter or go upon the land;

(2) “Land” means land, roads, water, watercourses, private ways and buildings, structures, and machinery or equipment when attached to the realty;

(3) “Owner” means the private-owner possessor of a fee interest, or tenant, lessee, occupant, or person in control of the premises, including the state and municipalities;

(4) “Recreational purposes” includes, but is not limited to, any of the following, or any combination thereof: hunting, fishing, swimming, boating, camping, picnicking, hiking, horseback riding, bicycling, pleasure driving, nature study, water skiing, water sports, viewing or enjoying historical, archaeological, scenic, or scientific sites, and all other recreational purposes contemplated by this chapter; and

(5) “User” means any person using land for recreational purposes.

SECTION 2. This act shall take effect upon passage.