§ 9-31-1 - Tort liability of state. - Rhode Island Statutes

SECTION 9-31-1

   § 9-31-1  Tort liability of state. –(a) The state of Rhode Island and any political subdivision thereof, includingall cities and towns, shall, subject to the period of limitations set forth in§ 9-1-25, hereby be liable in all actions of tort in the same manner as aprivate individual or corporation; provided, however, that any recovery in anysuch action shall not exceed the monetary limitations thereof set forth in thischapter.

   (b) Except as otherwise provided herein, neither the Statenor any other public body of the State of Rhode Island shall have any liabilityfor any claim arising prior to December 31, 2002, from the failure of acomputer, software program, database, network, information system, firmware,embedded chip, or any other device, whether operated by or on behalf of theState of Rhode Island or one of its agencies, departments, divisions, or anypublic body as defined in § 9-1-31.1(a)(1), to interpret, produce,calculate, generate, or account for a date(s) or time(s) which date(s) ortime(s) is associated with the year 2000 date change. This provision of thissection shall apply without limitation to cities, towns, school committees,regional school committees, housing authorities, public libraries, sewerdistrict, water districts, fire districts, agencies, authorities, boards,committees, subcommittees, councils and commissions. Provided that nothingherein contained shall exempt any public body from liability:

   (1) For acts or omissions not in good faith, or

   (2) For any malicious, willful, wanton, reckless or grosslynegligent acts or omissions.

   Provided that the public entity will only be liable for theproportion of damages attributable to its own degree of fault, and providedfurther that any such liability shall be governed by the monetary limitationsof this chapter.