§ 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.
(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.)