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★ Rhode Island · fracture

Fracture settlements
in Rhode Island.

By 9 min read

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 2019For 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 organizerA 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 townsPresent 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
★ band · US federal frame
$15,000 to $80,000
Wrist or arm fracture
Settlement aggregates

The US band is the starting point. Rhode Island's fault rule and any applicable cap then adjust the figure.

★ RI · reported fracture outcomes

What Rhode Island courts have awarded.

Real Rhode Island decisions and verdicts, each linked to the court record or official report.

  • Rhode Island Supreme Court · 2019
    Defense verdict; new trial denied

    On March 6, 2015, Claire Letizio drove her daughter to a friend’s house in Westerly and warned the homeowner several times that his steps were icy. Leaving through the garage at his suggestion, she slipped in a shaded part of the driveway with no ice melt. She fractured her tibia, fibula and talus and had surgery five days later. The jury found for the homeowners; affirmed.

  • Rhode Island Supreme Court · 2016
    Judgment for the league affirmed

    On July 28, 2010, Kathleen Carlson was watching her son’s Little League game at Tuckertown Field in Wakefield. Walking toward the concession stand afterward, her ankle went into a divot a parent later described as about 8 inches across and 8 to 10 inches deep, and she fractured her right leg in three places. The court affirmed judgment for the league that organized the game.

★ RI · fracture · in practice

What changes the number here.

What actually moves a fracture settlement in Rhode Island.

  1. 1

    Check the date: falls after July 15, 2019 are not barred just because the hazard was obvious, per the amended § 9-20-4.

  2. 2

    Photograph ice, lighting and shade at the spot where you fell the same day.

  3. 3

    Claims against a city or town must go to the council first, and are capped at $100,000.

★ RI · statute of limitations
3 years from date of injury

R.I. Gen. Laws § 9-1-14

★ RI · fault rule
Pure comparative negligence

Pure comparative negligence, recovery available at any fault percentage.

★ fracture · same region & fault regime

Compare to like jurisdictions.

How Rhode Island's fault rule and limitation period compare to jurisdictions in the same US region and to those running the same fault rule for fracture claims.

JurisdictionFault ruleLimitationFracture page
Rhode Island · you are herePure comparative negligence3 years from date of injury—
VermontModified comparative, 51% bar3 years from date of injuryVT · fracture →
ConnecticutModified comparative, 51% bar2 years from date of injuryCT · fracture →
DelawareModified comparative, 51% bar2 years from date of injuryDE · fracture →
District of ColumbiaPure contributory negligence3 years from date of injuryDC · fracture →
MaineModified comparative, 50% bar6 years for personal injury, longest in the USME · fracture →
MarylandPure contributory negligence3 years from date of injuryMD · fracture →
WashingtonPure comparative negligence3 years from date of injuryWA · fracture →
AlaskaPure comparative negligence2 years from date of injury or discoveryAK · fracture →
ArizonaPure comparative negligence2 years from date of injuryAZ · fracture →
CaliforniaPure comparative negligence2 years for personal injury; 1 year for medical malpractice (with 3-year repose)CA · fracture →
South CarolinaModified comparative, 51% bar3 years from date of injurySC · fracture →
South DakotaSlight versus gross negligence3 years from date of injurySD · fracture →
★ RI · fracture · frequently asked

Common questions.

Each answer is independently coherent and references the relevant statute or authority document.

★ editorial note

Figures on this page are starting points: the US band adjusted for Rhode Island's statutory framework. They are not quotes for any specific case. For representation, consult an attorney admitted in Rhode Island. See /methodology, /sources, and /disclaimer.