(a) Whenever the death of a married person shall be caused by the wrongful act, neglect,
or default of another person, the decedent’s spouse may recover damages against the
person for loss of consortium and for the emotional distress, grief, and loss of enjoyment
of life as a result of the death.
(b) Whenever the death of a parent or parents of a son or daughter shall be caused by
the wrongful act, neglect, or default of another person, the son or daughter may recover
damages against the person for the loss of parental society and companionship and
for the emotional distress, grief, and loss of enjoyment of life as a result of the
death.
(c) Whenever the death of a son or daughter shall be caused by the wrongful act, neglect,
or default of another person, the parent or parents of the son or daughter may recover
damages against the person for the loss of the son’s or daughter’s society and companionship
and for the emotional distress, grief, and loss of enjoyment of life as a result of
the death.
Notes of Decisions
Est. of Ungar Ex Rel. Strachman v. Palestinian Auth., 304 F. Supp. 2d 232 (D.R.I. 2004).
· cites it 5× “In addition to allowing a spouse to recover for loss of consortium, R.I. Gen. Laws § 10-7-1.2 also allows recovery for an unemanci-pated minor’s loss of parental society and companionship and also for a parent's loss of a minor's society and companionship.”
Malinou v. Miriam Hosp., 24 A.3d 497 (R.I. 2011).
· cites it 6× “Similarly, plaintiffs argument that he has a viable claim for negligent infliction of emotional distress and for loss of his mother’s society and companionship under G.L.1956 § 10-7-1.2 of the Wrongful Death Act also must fail.”
Hargreaves v. Jack, 750 A.2d 430 (R.I. 2000).
· cites it 4× “" Section 10-7-1.2(a) provides: "Whenever the death of a married person shall be caused by the wrongful act, neglect, or default of another person, the decedent's spouse may recover damages against the person for loss of consortium.”
Sindelar v. Leguia, 750 A.2d 967 (R.I. 2000).
· cites it 2× “2, shall be brought by and in the name of the executor or administrator of the deceased person, whether appointed or qualified within or without the state, and of the amount recovered in every action under this chapter one-half Qk) shall go to the husband or widow, and one-half…”
Crawford v. Cooper/T. Smith Stevedoring Co., Inc., 14 F. Supp. 2d 202 (D.R.I. 1998).
· cites it 5× “217 § 1 codified as R.I. Gen. Laws § 10-7-1.2, the Rhode Island General Assembly established a cause of action for loss of consortium by a husband or wife for the wrongful death of a spouse.”
Cobe v. Hersey, 576 A.2d 1226 (R.I. 1990).
· cites it 2× “In 1982 the Legislature amended the Wrongful Death Statute by adding § 10-7-1.2, thereby allowing unemanci-pated minors to recover damages for the loss of society and companionship of a parent.”
Trumpetto v. LMW Healthcare, Inc. (D.R.I. 2021).
· cites it 8× “G.L. § 10-7-1.2. To the extent the Court finds one “better”, that call clearly favors Rhode Island’s approach.”
— R.I. Gen. Laws § 10-7-1.2(a) — 1 case
Hargreaves v. Jack, 750 A.2d 430 (R.I. 2000).
“" Section 10-7-1.2(a) provides: "Whenever the death of a married person shall be caused by the wrongful act, neglect, or default of another person, the decedent's spouse may recover damages against the person for loss of consortium.”
— R.I. Gen. Laws § 10-7-1.2(b) — 3 cases
Malinou v. Miriam Hosp., 24 A.3d 497 (R.I. 2011).
“Similarly, plaintiffs argument that he has a viable claim for negligent infliction of emotional distress and for loss of his mother’s society and companionship under G.L.1956 § 10-7-1.2 of the Wrongful Death Act also must fail.”
Crawford v. Cooper/T. Smith Stevedoring Co., Inc., 14 F. Supp. 2d 202 (D.R.I. 1998).
“217 § 1 codified as R.I. Gen. Laws § 10-7-1.2, the Rhode Island General Assembly established a cause of action for loss of consortium by a husband or wife for the wrongful death of a spouse.”
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