Rhode Island Notice of Claim Against a City

Introduction

Key Things to Know

1. 1

   The deadline is strict. A person injured or damaged by a defect in a highway, causeway or bridge must give notice within 60 days (R.I. Gen. Laws 45-15-9). Missing it can bar the claim. Reading the statute or contacting the town or city clerk or risk management office confirms the current rule.

2. 2

   The 60-day highway notice goes to the town by law obliged to keep the highway, causeway or bridge in repair. It states the time, place and cause of the injury or damage. A suit on that claim must be brought within 3 years of the injury (45-15-9).

3. 3

   For other claims against a town or city, R.I. Gen. Laws 45-15-5 says the person presents to the town council, or to the city council, a particular account of the claim, debt, damages or demand, and how it was incurred or contracted. Ask the town or city clerk whether this process applies to your claim.

4. 4

   If just and due satisfaction is not made by the town or city treasurer within 40 days after the claim is presented, the claimant may sue. The suit runs against the town or city treasurer (45-15-5).

5. 5

   For a tort claim against the State of Rhode Island, the action must be instituted within 3 years of the accrual of the claim (R.I. Gen. Laws 9-1-25). Ask the state agency's legal or risk management office whether it asks for a written claim first, and do not let that delay the suit deadline.

6. 6

   Ask the council clerk or the town or city clerk which office and delivery method it uses for claims, and keep proof of the date the claim or notice was received.

7. 7

   Damages in a tort action against the state or a political subdivision are capped at $100,000 (9-31-2), and the same cap applies to a city, town or fire district (9-31-3). The cap does not apply where the state (9-31-2) or a city, town or fire district (9-31-3) was engaged in a proprietary function, or where the state agreed to indemnify the federal government.

Rhode Island Requirements for Notice of Claim

• Highway and Bridge Defect Notice

  R.I. Gen. Laws 45-15-9: notice within 60 days to the town by law obliged to keep the highway, causeway or bridge in repair, stating the time, place and cause of the injury or damage.

• Presentment to the Council

  R.I. Gen. Laws 45-15-5: the person presents to the town council or city council a particular account of the claim, debt, damages or demand, and how it was incurred or contracted.

• Forty-Day Wait Before Suit

  R.I. Gen. Laws 45-15-5: if just and due satisfaction is not made by the town or city treasurer within 40 days after presentment, the claimant may sue the town or city treasurer.

• Three-Year Suit Deadline

  R.I. Gen. Laws 9-1-25: tort suits against the state, political subdivisions, cities or towns within 3 years of accrual, or within 3 years from the effective date of a special act giving the right to sue. 45-15-9: highway, causeway or bridge defect suits within 3 years of the injury.

• Damages Cap

  R.I. Gen. Laws 9-31-2 and 9-31-3: $100,000 in a tort action against the state, a political subdivision, city, town or fire district, except where the state, or a city, town or fire district, was engaged in a proprietary function, or where the state agreed to indemnify the federal government.

• Particular Account of the Claim

  List each item of the claim, debt, damages or demand with its amount, and how it was incurred.

• Time, Place and Cause

  State the date, approximate time, exact location and cause of the injury or damage, including any highway, causeway or bridge defect.

• Delivery Record

  Record the office that received the claim, the date and the delivery method, with any receipt or tracking number.