Fracture settlements
in Rhode Island.
A mother who warned her friend about ice, then slipped on his Westerly driveway, fractured her tibia, fibula and talus and needed surgery; the jury still found the homeowners not negligent. A spectator who stepped into a divot at a South Kingstown Little League field fractured her leg in three places and lost on summary judgment. Since July 2019 an open and obvious danger no longer bars a claim outright.
Facts that decide a fracture claim in Rhode Island
| Open and obvious, since 2019 | For injuries after July 15, 2019, an open and obvious danger no longer bars recovery; it reduces damages instead.R.I. Gen. Laws § 9-20-4 as amended, explained in Yanku v. Walgreen (R.I. 2020) |
|---|---|
| Duty of the organizer | A league that organized a game on a town owned field was granted judgment against a spectator hurt in a divot there.Carlson v. Town of South Kingstown (R.I. 2016) |
| Claims against cities and towns | Present the claim to the town council first; it has 40 days to pay before you can sue, and recovery is capped at $100,000.R.I. Gen. Laws §§ 45-15-5, 9-31-2, 9-31-3; see our notice table |
The US band is the starting point. Rhode Island's fault rule and any applicable cap then adjust the figure.