(a) A person so injured or damaged shall, within sixty (60) days, give to the town by
law obliged to keep the highway, causeway, or bridge in repair, notice of the time,
place, and cause of the injury or damage; and if the town does not make just and due
satisfaction, within the time prescribed by § 45-15-5, the person shall, within three (3) years after the date of the injury or damage,
commence his or her action against the town treasurer for the recovery of damages,
and not thereafter.
(b) The provisions of this section shall take effect May 21, 1982, and be given retroactive
effect, as well as prospective effect, and shall apply to all causes of actions arising
within three (3) years prior to September 1, 1982.
Notes of Decisions
Cited in
30
cases, 1964–2018 · leading case:
Alfano v. Landers, 585 A.2d 651 (R.I. 1991).
Alfano v. Landers, 585 A.2d 651 (R.I. 1991).
· cites it 9× “At the summary judgment hearing, Lan-ders argued that Alfano was not injured on a sidewalk and therefore was not required to notify the city pursuant to § 45-15-9. Alfano argued that the divider was a public sidewalk within the ambit of § 45-15-9.”
Prout v. City of Providence, 996 A.2d 1139 (R.I. 2010).
· cites it 14× “The trial justice found that Prout’s notice of claim failed to comply with the requirements of G.L.1956 § 45-15-9, which states in relevant part: “(a) A person so injured or damaged shall, within sixty (60) days, give to the town by law obliged to keep the highway, causeway, or…”
McNulty v. City of Providence, 994 A.2d 1221 (R.I. 2010).
· cites it 9× “” 2 It is undisputed that neither the letter nor the enclosed petition form indicate that, pursuant to G.L. 1956 § 45-15-9 and § 45-15-10, a person alleging injury (in circumstances such as plaintiffs) must give the city written notice within sixty days of the alleged injury as…”
Moseley v. Fitzgerald, 773 A.2d 254 (R.I. 2001).
· cites it 6× “The city argued that in any claim for an injury occurring on a sidewalk adjacent to a public highway, a plaintiff is required, within sixty days of his or her injury, to provide notice of the defect to the city pursuant to G.L.1956 § 45-15-9; and, in this case it is undisputed…”
Provost v. Finlay, 768 A.2d 1256 (R.I. 2001).
· cites it 10× “It contended that plaintiff had failed to comply with the sixty-day notice requirement of § 45-15-9 because she had failed to provide notice of her claim to the town until approximately four months after her accident.”
LaHaye v. City of Providence, 640 A.2d 978 (R.I. 1994).
· cites it 8× “1956 (1991 Reenactment) § 45-15-9. 1 After reviewing the memoranda submitted by the parties and after hearing their counsel in oral argument, this court concludes that cause has not been shown.”
McCarthy v. Johnson, 574 A.2d 1229 (R.I. 1990).
· cites it 5× “2d 277 (1970), we held that compliance with the notice requirement contained in G.L.1956 § 45-15-9 is a condition precedent to the bringing of an action to recover for injuries sustained by reason of a defect in the highway.”
Barroso v. Pepin, 261 A.2d 277 (R.I. 1970).
· cites it 6× “In the course of the hearing on defendant’s motion, plaintiff conceded that she had neglected to provide defendant city with notice of the injuries within 60 days after the occurrence thereof as is provided in §45-15-9. The justice hearing the motion held that in order to…”
Bennett v. Napolitano, 746 A.2d 138 (R.I. 2000).
· cites it 3× “Because the issue was not raised, we assume, without deciding, that the letter sent by plaintiff's counsel “[i]n accordance with Rhode Island General Laws § 45-15-5” provided notice to the city under G.L.1956 § 45-15-9, which mandates that a plaintiff injured on a highway give…”
Tessier v. Ann & Hope Factory Outlet, Inc., 332 A.2d 781 (R.I. 1975).
· cites it 7× “1956 (1970 Reenactment) §45-15-9, which requires a person, before he can commence an action under §45-15-8 for injuries sustained “by reason of defect, want of repair * * * in or upon a public highway,” to give notice to the town, within 60 days, of the time, place, and cause of…”
Mercado v. City of Providence, 770 A.2d 445 (R.I. 2001).
· cites it 7× “In its answer the city denied the claim of negligence and raised as an affirmative defense plaintiffs failure to provide proper notice as required by § 45-15-9. 2 On February 2, 1999 the city filed a motion for summary judgment, asserting that plaintiff delayed filing his claim…”
Morales v. Napolitano, 713 A.2d 193 (R.I. 1998).
· cites it 6× “1956 (1991 Reenactment) §§ 45-15-9 and 45-15-10. After consideration of the prebriefing materials, this ease was assigned to the full court for a session in conference in accordance with Rule 12A(3)(b) of the Supreme Court Rules of Appellate Procedure.”
— R.I. Gen. Laws § 45-15-9(a) — 9 cases
Alfano v. Landers, 585 A.2d 651 (R.I. 1991).
“At the summary judgment hearing, Lan-ders argued that Alfano was not injured on a sidewalk and therefore was not required to notify the city pursuant to § 45-15-9. Alfano argued that the divider was a public sidewalk within the ambit of § 45-15-9.”
Provost v. Finlay, 768 A.2d 1256 (R.I. 2001).
“It contended that plaintiff had failed to comply with the sixty-day notice requirement of § 45-15-9 because she had failed to provide notice of her claim to the town until approximately four months after her accident.”
LaHaye v. City of Providence, 640 A.2d 978 (R.I. 1994).
“1956 (1991 Reenactment) § 45-15-9. 1 After reviewing the memoranda submitted by the parties and after hearing their counsel in oral argument, this court concludes that cause has not been shown.”
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.