R.I. Gen. Laws
Rhode Island General Laws

R.I. Gen. Laws § 9-1-6 (2026)

Causes and actions surviving death of parties

✓ current as of July 2026
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In addition to the causes of action and actions which at common law survive the death of the plaintiff or defendant therein, the following causes of action or actions shall also survive:

(1) Causes of action and actions of waste.

(2) Causes of action and actions of replevin and for conversion.

(3) Causes of action and actions for damages to the person or to real and personal estate.

Notes of Decisions
Cited in 8 cases (3 in the last 5 years), 1959–2026 · leading case: Presley v. Newport Hosp., 365 A.2d 748 (R.I. 1978).
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Presley v. Newport Hosp., 365 A.2d 748 (R.I. 1978). “Assuming a prenatal injury and a month or so later a stillbirth which is totally unrelated to the previous injury, would the average person consider the fetus during this interval between injury and death as a person? The question, I believe, is rhetorical: Nevertheless, if the…”
Chu v. Legion of Christ, Inc., 2 F. Supp. 3d 160 (D.R.I. 2014). · cites it 2× “2006) (estate is proper plaintiff to assert claim that inter vivos transfer induced by undue influence or tortious interference). Also un *172 der Rhode Island law, it is well settled that the claims that Plaintiff asserts here— fraud, deceit and undue influence — all survived…”
Castellucci v. Castellucci, 188 A.2d 467 (R.I. 1963). “1956, §9-1-6. At common law such action could not have been maintained against the estate of a tortfeasor even by one not barred, as would have been these plaintiffs by reason of their relationship to the tortfeasor.”
Gregory v. DiCenzo, 713 A.2d 772 (R.I. 1998). · cites it 2× “Although counsel is correct in asserting that pursuant to G.L.1956 § 9-1-6, a cause of action for damages survives the death of the injured party, counsel’s reliance upon Rules 17 and 25 is misplaced since these rules relate to the amendment and substitution of parties in…”
Trumpetto v. LMW Healthcare, Inc. (D.R.I. 2021). · cites it 5× “G.L. §§ 9-1-6 and 9- 1-7, and a “wrongful death action” under the Rhode Island Wrongful Death Act, R.”
Raduano (D.R.I. 2026). · cites it 2× “10 R.I. Gen. Laws § 9-1-6 (3) (providing that “[c]auses of action and actions for damages to … personal estate” survive the death of the plaintiff); , 2 F.”
issensohn v. CharterCARE Home Health Servs. a/k/a Roger Williams Med. Ctr. (R.I. 2024). “” General Laws 1956 § 9-1-6. The phrase “damages to the person * * * [does] not extend to torts not directly affecting the person, but only the feelings and reputation.”
Bomes v. Rhode Island Concrete & Roofing Co., 152 A.2d 543 (R.I. 1959). “General laws 1956, §9-1-6; Sprague v. Greene, 20 R. I. 153. And furthermore such rights by and against personal representatives are- reciprocal.”
R.I. Gen. Laws § 9-1-6(3): 1 case
Chu v. Legion of Christ, Inc., 2 F. Supp. 3d 160 (D.R.I. 2014). “2006) (estate is proper plaintiff to assert claim that inter vivos transfer induced by undue influence or tortious interference). Also un *172 der Rhode Island law, it is well settled that the claims that Plaintiff asserts here— fraud, deceit and undue influence — all survived…”
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