§ 24-5-13. Liability of cities and towns for injuries from defective roads.
(a) The cities and towns shall also be liable to all persons who may in any way suffer injury to their persons or property by reason of any neglect, to be recovered in a civil action except as provided in subsection (b).
(b) If any person shall incur damage to his or her motor vehicle by reason of a pothole on any municipal highway, causeway, street or bridge which damage would not have occurred without the existence of the pothole, he or she may recover from the municipality the amount of damages sustained up to and not more than the sum of three hundred dollars ($300). Provided, however, that the municipality had reasonable notice of the pothole, or may have had notice thereof by the exercise of proper care and diligence on its part, and a reasonable opportunity to repair the pothole. All claims shall be made within a period of seven (7) days from the date on which the damage was sustained by filing a written report in a manner prescribed by the municipality. In no instance, however, shall any claim for damage so caused to a motor vehicle registered in a foreign state be considered unless that state has a similar statute affording similar protection to persons owning motor vehicles registered in this state.
History of Section.G.L. 1896, ch. 72, § 12; G.L. 1909, ch. 83, § 12; G.L. 1923, ch. 96, § 12; G.L. 1938, ch. 73, § 12; G.L. 1956, § 24-5-13; P.L. 1994, ch. 104, § 1.
Structure Rhode Island General Laws
Chapter 24-5 - Maintenance of Town Highways
Section 24-5-1. - Duty of town to maintain highways.
Section 24-5-1.1. - Alteration of roadways.
Section 24-5-2. - Division of towns into districts — Election and terms of surveyors.
Section 24-5-3. - Annual town appropriation.
Section 24-5-4. - Appropriations expended under department of transportation — State aid.
Section 24-5-6. - Expenditures by contract — Unexpended funds.
Section 24-5-7. - Special appropriations for particular projects.
Section 24-5-8. - General duties of surveyors of highways.
Section 24-5-9. - Removal of obstructions by surveyors.
Section 24-5-10. - Taking of road materials from adjoining land.
Section 24-5-11. - Damage in removing obstructions or materials.
Section 24-5-12. - Fine for neglect to keep highways in repair.
Section 24-5-13. - Liability of cities and towns for injuries from defective roads.
Section 24-5-14. - Snow and ice removal.
Section 24-5-15. - Penalty for failure to remove snow.
Section 24-5-16. - Diversion of water to damage of individuals prohibited.
Section 24-5-17. - Complaint and alteration of watercourse.
Section 24-5-18. - Bridges and fences on artificial watercourses along preexisting highways.
Section 24-5-19. - Bridges and fences along preexisting watercourses.
Section 24-5-20. - Bridges on boundary lines.
Section 24-5-21. - Penalty for neglect of boundary line bridge.
Section 24-5-22. - New highway using existing bridge.
Section 24-5-23. - Bridges and culverts built by adjoining landowners.
Section 24-5-24. - Undermining of walls and fences.
Section 24-5-25. - Compensation of surveyors.
Section 24-5-26. - Penalty for neglect by surveyors.
Section 24-5-27. - Rights of cities unimpaired.
Section 24-5-28. - Determination of places where guideposts necessary.
Section 24-5-29. - Failure to determine places for guideposts.
Section 24-5-30. - Erection of guideposts — Specifications.
Section 24-5-31. - Substitutes for guideposts.
Section 24-5-32. - Penalty for failure to maintain guideposts.
Section 24-5-33. - Injury to guideposts.