Rhode Island General Laws
R.I. Gen. Laws § 10-7-1 (2026)
Liability for damages for causing death
✓ current as of July 2026
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Whenever the death of a person shall be caused by the wrongful act, neglect, or default of another, and the act, neglect, or default is such as would, if death had not ensued, have entitled the party injured to maintain an action and recover damages in respect thereof, the person who, or the corporation which, would have been liable if death had not ensued shall be liable to an action for damages, notwithstanding the death of the person injured, and although the death shall have been caused under such circumstances as amount in law to a felony.
Notes of Decisions
Cited in 41
cases (1 in the last 5 years), 1959–2021 · leading case: Presley v. Newport Hosp., 365 A.2d 748 (R.I. 1978).
Presley v. Newport Hosp., 365 A.2d 748 (R.I. 1978). “1956 (1969 Reenactment) §10-7-1 et seq. for the wrongful death of Jane Doe Presley, “a viable fetus, who died intestate, en ventre sa mere.”
Hargreaves v. Jack, 750 A.2d 430 (R.I. 2000). “Consequently, based upon our interpretation of the relevant statutes, we do not infer an intent on the part of the Legislature to exclude a surviving spouse's remedy under G.L.1956 § 10-7-1 of the wrongful death statute by reason of the IOD benefits conferred in contrast to its…”
Young v. City of Providence, 301 F. Supp. 2d 163 (D.R.I. 2004). “Previously, in ruling on the motion the summary judgment filed by Solitro and Saraiva, the Court had denied the motion as to that portion of Count IX which asserted a claim pursuant to R.I. Gen. Laws §§ 10-7-1 through 10-7-4. Memorandum and Order (7/1/03) at 14-15.”
Simeone v. Charron, 762 A.2d 442 (R.I. 2000). “1896, ch. 233, § 14; C.P.A.1905, § 234; G.”
Tatum v. Schering Corp., 523 So. 2d 1042 (Ala. 1988). “§ 28A-18-2 (1984); N.D.Cent.Code § 32-21-01 (1976); Ohio Rev.”
Rosen Ex Rel. Est. of Souza v. Chang, 758 F. Supp. 799 (D.R.I. 1991). “C) Count II — Pendent State Claim Against Defendants Individually Pursuant to R.I.Gen.Laws § 10-7-1, Wrongful Death Act Plaintiff has brought a claim against the individual defendants under the state wrongful death statute, R.”
Aetna Cas. & Sur. Co. v. Curley, 585 A.2d 640 (R.I. 1991). “Can the personal representative of a decedent recover wrongful death damages under R.I. Gen. Laws § 10-7-1 which will go directly to the decedent’s only surviving child in circumstances where the child’s negligence was the sole proximate cause of the decedent’s death? “2.”
Amadio v. Levin, 501 A.2d 1085 (Pa. 1985). “2d 748 (1976) [R.I.Gen.Laws § 10-7-1 (1969)]; Fowler v. Woodward, 244 S.”
Hall v. Knudsen, 535 A.2d 772 (R.I. 1988). “1956 (1985 Reenactment) § 10-7-1 in holding that the release signed by Frederick Knudsen before his death barred a wrongful-death action by his widow and son.”
Tyre v. Swain, 946 A.2d 1189 (R.I. 2008). “Section 10-7-1 provides for recovery for the death itself, whereas § 10-7-5 and § 10-7-7 provide for survival damages, which includes damages for medical expenses, lost earning capacity until the time of death, pain and suffering.”
Benner v. J.H. Lynch & Sons, Inc., 641 A.2d 332 (R.I. 1994). “1956 (1985 Reenactment) §§ 10-7-1 to 10-7-14. The department filed a motion for summary judgment, arguing that the statute of limitations had run for the bringing of the suit and also that the state was immune from suit in this instance under the doctrine of sovereign immunity.”
State v. Amaro, 448 A.2d 1257 (R.I. 1982). “General Laws 1956 (1969 Reenactment) § 10-7-1, the wrongful-death statute construed in Presley , was remedial in nature, and was thus properly subject to a liberal application.”
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