R.I. Gen. Laws
Rhode Island General Laws

R.I. Gen. Laws § 32-6-5 (2026)

Limitation on chapter

✓ text as last checked Sept. 2026 (this copy records no edition or section history)
Find cases: SyfertCases citing this section RI-LEGwebserver.rilegislature.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar

(a) Nothing in this chapter limits in any way any liability that, but for this chapter, otherwise exists:

(1) For the willful or malicious failure to guard or warn against a dangerous condition, use, structure, or activity after discovering the user’s peril; or

(2) For any injury suffered in any case where the owner of land charges the person or persons who enter or go on the land for the recreational use thereof, except that in the case of land leased to the state or a subdivision thereof, any consideration received by the owner for that lease shall not be deemed a “charge” within the meaning of this section.

(b) When the coastal resources management council designates a right-of-way as part of its designation process as specified in § 46-23-6(5), or when the coastal resources management council stipulates public access as a condition of granting a permit, the landowner automatically will have “limited liability” as defined in this chapter, except as specifically recognized by or provided in this section.

Notes of Decisions
Cited in 14 cases (1 in the last 5 years), 2000–2026 · leading case: Berman v. Sitrin, 991 A.2d 1038 (R.I. 2010).
Sort: Relevance Newest Treatment
Berman v. Sitrin, 991 A.2d 1038 (R.I. 2010). · cites it 26× “A landowner's immunity afforded by the RUS is specifically circumscribed by the provisions of G.L.1956 § 32-6-5, which state in relevant part: "(a) Nothing in this chapter limits in any way any liability which, but for this chapter, otherwise exists: "(1) For the willful or…”
Tara J. Cancel v. City of Providence, 187 A.3d 347 (R.I. 2018). · cites it 10× “She asserts that, during his deposition, Salem, the Director of Roger Williams Park Services, testified that there is no regular schedule for inspection of the roadways within the park.”
Cain v. Johnson, 755 A.2d 156 (R.I. 2000). · cites it 24× “Furthermore, although the above cases relate specifically to railroad properties, support for extending the proposition beyond railroad cases exists in G.L. 1956 § 32-6-5 and in previous decisions of this Court.”
Kathleen Carlson v. Town of South Kingstown, 111 A.3d 819 (R.I. 2015). · cites it 12× “1956 § 32-6-3, which reads: “Except as specifically recognized by or provided in § 32-6-5, an owner of land who either directly or indirectly invites or permits without charge any person to use that property for recreational purposes does not thereby: “(1) Extend any assurance…”
Hanley v. State, 837 A.2d 707 (R.I. 2003). · cites it 5× “Section 32-6-3 of the statute provides that: “Except as specifically recognized by or provided in § 32-6-5, an owner of land who either directly or indirectly invites or permits without charge any person to use that property for recreational purposes does not thereby: “(1)…”
Dawn K. Roy v. State, 139 A.3d 480 (R.I. 2016). · cites it 3× “Section 32-6-5 provides, in relevant part: “(a) Nothing in this chapter limits in any way any liability which, but for this chapter, otherwise exists: (1) [f]or the willful or malicious failure to guard or *489 warn against a dangerous condition, use, structure, or activity…”
Morales v. Town of Johnston, 895 A.2d 721 (R.I. 2006). · cites it 3× “2 He concluded that Johnston was a land owner within the provisions of the statute and also concluded that the plaintiff had failed to present any evidence that justified an application of the willful conduct exception set forth in § 32-6-5. 3 Concerning Rotondo, the trial…”
Smiler v. Napolitano, 911 A.2d 1035 (R.I. 2006). · cites it 2× “General Laws 1956 § 32-6-3 provides: “Except as specifically recognized by or provided in § 32-6-5, an owner of land who either directly or indirectly invites or permits without charge any person to use that property for recreational purposes does not thereby: "(1) Extend any…”
Lacey v. Reitsma, 899 A.2d 455 (R.I. 2006). · cites it 3× “The Recreational Use Statute provides, in pertinent part, as follows: "Except as specifically recognized by or provided in § 32-6-5, an owner of land who either directly or indirectly invites or permits without charge any person to use that property for recreational purposes…”
Austin Yattaw v. City of East Providence, 203 A.3d 1167 (R.I. 2019). · cites it 9× “An exception to the RUS, § 32-6-5(a)(1), provides that the statute does not limit liability "[f]or the willful or malicious failure to guard or warn against a dangerous condition, use, structure, or activity after discovering the user's peril[.”
Pereira v. Fitzgerald, 21 A.3d 369 (R.I. 2011). “— Except as specifically recognized by or provided in § 32-6-5, an owner of land who either directly or indirectly invites or permits without charge any person to use that property for recreational purposes does not thereby: "(1) Extend any assurance that the premises are safe…”
Cruz v. City of Providence, 908 A.2d 405 (R.I. 2006). “” Section 32-6-3 provides: "Liability of landowner — Except as specifically recognized by or provided in § 32-6-5, an owner of land who either directly or indirectly invites or permits without charge any person to use that property for recreational purposes does not thereby:…”
Show all 14 citing cases →
R.I. Gen. Laws § 32-6-5(2): 1 case
Hanley v. State, 837 A.2d 707 (R.I. 2003). “Section 32-6-3 of the statute provides that: “Except as specifically recognized by or provided in § 32-6-5, an owner of land who either directly or indirectly invites or permits without charge any person to use that property for recreational purposes does not thereby: “(1)…”
R.I. Gen. Laws § 32-6-5(a): 2 cases
Kathleen Carlson v. Town of South Kingstown, 111 A.3d 819 (R.I. 2015). “1956 § 32-6-3, which reads: “Except as specifically recognized by or provided in § 32-6-5, an owner of land who either directly or indirectly invites or permits without charge any person to use that property for recreational purposes does not thereby: “(1) Extend any assurance…”
Hanley v. State, 837 A.2d 707 (R.I. 2003). “Section 32-6-3 of the statute provides that: “Except as specifically recognized by or provided in § 32-6-5, an owner of land who either directly or indirectly invites or permits without charge any person to use that property for recreational purposes does not thereby: “(1)…”
R.I. Gen. Laws § 32-6-5(a)(1): 6 cases
Tara J. Cancel v. City of Providence, 187 A.3d 347 (R.I. 2018). “She asserts that, during his deposition, Salem, the Director of Roger Williams Park Services, testified that there is no regular schedule for inspection of the roadways within the park.”
Berman v. Sitrin, 991 A.2d 1038 (R.I. 2010). “A landowner's immunity afforded by the RUS is specifically circumscribed by the provisions of G.L.1956 § 32-6-5, which state in relevant part: "(a) Nothing in this chapter limits in any way any liability which, but for this chapter, otherwise exists: "(1) For the willful or…”
Austin Yattaw v. City of East Providence, 203 A.3d 1167 (R.I. 2019). “An exception to the RUS, § 32-6-5(a)(1), provides that the statute does not limit liability "[f]or the willful or malicious failure to guard or warn against a dangerous condition, use, structure, or activity after discovering the user's peril[.”
Dawn K. Roy v. State, 139 A.3d 480 (R.I. 2016). “Section 32-6-5 provides, in relevant part: “(a) Nothing in this chapter limits in any way any liability which, but for this chapter, otherwise exists: (1) [f]or the willful or malicious failure to guard or *489 warn against a dangerous condition, use, structure, or activity…”
Est. of Louis Campagnone, By & through its Adm'r, Dana Martinelli v. The State of Rhode Island, 351 A.3d 404 (R.I. 2026).
R.I. Gen. Laws § 32-6-5(a)(2): 2 cases
Kathleen Carlson v. Town of South Kingstown, 111 A.3d 819 (R.I. 2015). “1956 § 32-6-3, which reads: “Except as specifically recognized by or provided in § 32-6-5, an owner of land who either directly or indirectly invites or permits without charge any person to use that property for recreational purposes does not thereby: “(1) Extend any assurance…”
Hanley v. State, 837 A.2d 707 (R.I. 2003). “Section 32-6-3 of the statute provides that: “Except as specifically recognized by or provided in § 32-6-5, an owner of land who either directly or indirectly invites or permits without charge any person to use that property for recreational purposes does not thereby: “(1)…”
R.I. Gen. Laws § 32-6-5(a)(l): 2 cases
Berman v. Sitrin, 991 A.2d 1038 (R.I. 2010). “A landowner's immunity afforded by the RUS is specifically circumscribed by the provisions of G.L.1956 § 32-6-5, which state in relevant part: "(a) Nothing in this chapter limits in any way any liability which, but for this chapter, otherwise exists: "(1) For the willful or…”
Kathleen Carlson v. Town of South Kingstown, 111 A.3d 819 (R.I. 2015). “1956 § 32-6-3, which reads: “Except as specifically recognized by or provided in § 32-6-5, an owner of land who either directly or indirectly invites or permits without charge any person to use that property for recreational purposes does not thereby: “(1) Extend any assurance…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.