(a) Any owner of a for-hire motor vehicle or truck who has given proof of financial responsibility
under this chapter or who in violation of this chapter has failed to give proof of
financial responsibility, shall be jointly and severally liable with any person operating
the vehicle for any damages caused by the negligence of any person operating the vehicle
by or with the permission of the owner. Nothing in this section shall be construed
to prevent an owner who has furnished proof of financial responsibility or any person
operating the vehicle from making defense in an action upon the ground of contributory
negligence to the extent to which the defense is allowed in other cases.
(b) Notwithstanding the provisions of subsection (a) of this section, or any provisions
contained under this title to the contrary, the valid and collectible liability insurance
or self-insurance providing coverage or liability protection for third-party liability
claims arising out of the operation of the rental vehicle shall be primary for the
lessor or any person operating the motor vehicle, with the express permission of the
lessor unless otherwise stated in at least ten-point (10) type on the face of the
rental agreement. That insurance or self-insurance is primary only up to the limits
required under § 31-47-2(13)(i)(A).
(c) “Lessor” includes any entity in the business of renting motor vehicles pursuant to
a written rental agreement.
Notes of Decisions
Oliveira v. Lombardi, 794 A.2d 453 (R.I. 2002).
· cites it 31× “1956 § 31-88-6 “Owner’s liability for acts of others” (owner-liability statute) *456 and (2) G.L.1956 § 31-34-4, as amended by P.L.1997, ch.”
DelSanto v. Hyundai Motor Fin. Co., 882 A.2d 561 (R.I. 2005).
· cites it 11× “Continuing with her analysis, the motion justice concluded that, even though G.L.1956 § 31-34-4 7 does not contain the same explicit agency language as § 31-33-6, these statutes must be read in conjunction with each other.”
Fratus v. Amerco, 575 A.2d 989 (R.I. 1990).
· cites it 11× “” Section 31-34-4 provides in pertinent part: “Any owner of a for hire motor vehicle or truck who has given proof of financial responsibility under this chapter or who in violation of this chapter has failed to give proof of financial responsibility shall be jointly and…”
Joshua Mello v. Sean Killeavy, 205 A.3d 454 (R.I. 2019).
· cites it 3× “There, we stated that, pursuant to G.L. 1956 § 31-34-4, any liability the leasing company had to the plaintiff was derivative of the coemployee's liability.”
Jason Puerini v. Jeanne LaPierre, 208 A.3d 1157 (R.I. 2019).
· cites it 6× “In contrast, § 31-34-4 establishes vicarious liability for the title owner of a motor vehicle when the vehicle operator's negligence causes damage: "Any owner of a for hire motor vehicle or truck who has given proof of financial responsibility under this chapter or who in…”
DiQuinzio v. Panciera Lease Co., Inc., 641 A.2d 50 (R.I. 1994).
· cites it 8× “1956 (1982 Reenactment) § 31-34-4, was inapplicable to cases in which the vehicle’s operator could not be held liable for negligence.”
Oyola v. Burgos, 864 A.2d 624 (R.I. 2005).
· cites it 2× “In Rhode Island, G.L.1956 § 31-34-4 predicates the liability of a rented vehicle's owner upon the condition that the person driving the automobile had the owner’s permission.”
Lopes v. Phillips, 680 A.2d 65 (R.I. 1996).
· cites it 3× “The statute further provides in pertinent part: “Any owner of a for hire motor vehicle or truck who has given proof of financial responsibility under this chapter or who in violation of this chapter has failed to give proof of financial responsibility, shall be jointly and…”
Regan v. Nissan North Am., Inc., 810 A.2d 255 (R.I. 2002).
· cites it 2× “Given the absence of evidence that Justin was a danger or that defendant had knowledge of any danger posed by Justin, no triable issue of fact was presented.”
Maria Marble v. John Faelle, 89 A.3d 830 (R.I. 2014).
· cites it 6× “Specifically, plaintiff pointed to the inconsistency in the documents that Hertz submitted: the rental record described a Toyota Prius, while the vehicle involved in the accident was a Dodge Charger.”
— R.I. Gen. Laws § 31-34-4(a) — 2 cases
Jason Puerini v. Jeanne LaPierre, 208 A.3d 1157 (R.I. 2019).
“In contrast, § 31-34-4 establishes vicarious liability for the title owner of a motor vehicle when the vehicle operator's negligence causes damage: "Any owner of a for hire motor vehicle or truck who has given proof of financial responsibility under this chapter or who in…”
Maria Marble v. John Faelle, 89 A.3d 830 (R.I. 2014).
“Specifically, plaintiff pointed to the inconsistency in the documents that Hertz submitted: the rental record described a Toyota Prius, while the vehicle involved in the accident was a Dodge Charger.”
— R.I. Gen. Laws § 31-34-4(b) — 1 case
Oliveira v. Lombardi, 794 A.2d 453 (R.I. 2002).
“1956 § 31-88-6 “Owner’s liability for acts of others” (owner-liability statute) *456 and (2) G.L.1956 § 31-34-4, as amended by P.L.1997, ch.”
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