R.I. Gen. Laws
Rhode Island General Laws

R.I. Gen. Laws § 9-20-4 (2026)

Comparative negligence

✓ current as of July 2026
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In all actions hereafter brought for personal injuries, or where personal injuries have resulted in death, or for injury to property, the fact that the person injured, or the owner of the property or person having control over the property, may not have been in the exercise of due care or the fact that the danger or defect was open and obvious shall not bar a recovery, but damages shall be diminished by the finder of fact in proportion to the amount of negligence attributable to the person injured, or the owner of the property or the person having control over the property.

Notes of Decisions
Cited in 32 cases, 1975–2020 · leading case: Calise v. Hidden Valley Condo. Ass'n, 773 A.2d 834 (R.I. 2001).
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Calise v. Hidden Valley Condo. Ass'n, 773 A.2d 834 (R.I. 2001). · cites it 12× “Because the defaulted defendants in this case "concede that the default against them operates as a bar to the introduction of any evidence on liability as against Plaintiff[s]," we have no need to decide whether to go as far as the Wyoming court and allow defaulted defendants to…”
Fiske v. MacGregor, Div. of Brunswick, 464 A.2d 719 (R.I. 1983). · cites it 9× “1956 (1969 Reenactment) § 9-20-4, as amended by P.L.1972, ch. 18, § 1, should be applied to breach-of-implied-warranty actions and to strict-liability actions.”
Kennedy v. Providence Hockey Club, Inc., 376 A.2d 329 (R.I. 1977). · cites it 7× “On appeal the Kennedys argue that we should abandon assumption of the risk as a distinct defense to negligence actions, treat it like contributory negligence, and deem it subsumed by the comparative negligence statute, G.”
Gliottone v. Ethier, 870 A.2d 1022 (R.I. 2005). · cites it 3× “6 Pursuant to *1029 G.L.1956 § 9-20-4, a plaintiff in a negligence action is entitled to an award of damages if he can prove the negligence of the defendant, although his damages will be reduced in proportion to his own fault.”
Raymond v. Jenard, 390 A.2d 358 (R.I. 1978). · cites it 8× “The plaintiffs, while recognizing that retrospectve operation of a statute is not favored by the courts, nonetheless argue that the opening phrase of the comparative negligence statute, “[i]n all actions hereafter brought,” unambiguously manifests a legislative intention that…”
Gustafson v. Benda, 661 S.W.2d 11 (Mo. 1983). · cites it 2× “Code Ann. § 2315.19 (Page 1982); Okla.Stat.Ann.”
Est. of Braswell Ex Rel. Braswell v. People's Credit Union, 602 A.2d 510 (R.I. 1992). · cites it 4× “General Laws 1956 (1985 Reenactment) § 9-20-4 provides for comparative negligence in causes of action with respect to injury to the person or to property.”
Najarian v. Nat'l Amusements, Inc., 768 A.2d 1253 (R.I. 2001). · cites it 2× “G.L.1956 § 9-20-4. The motion was denied, and the trial justice applied Rhode Island negligence law.”
McIntyre v. Balentine, 833 S.W.2d 52 (Tenn. 1992). “1991); R.I.Gen.Laws § 9-20-4 (1985); S.D. Codified Laws Ann.”
Graff v. Motta, 748 A.2d 249 (R.I. 2000). · cites it 2× “Prior to trial, defense counsel informed the trial justice that the defendants were waiving any reliance upon verdict reduction benefits provided by G.L.1956 § 9-20-4. The trial justice, in reliance upon the defendants’ concession, instructed the jury not to consider whether the…”
Bradley v. Appalachian Power Co., 256 S.E.2d 879 (W. Va. 1979). “1978); R.I. Gen. Laws §9-20-4 (Supp. 1978); S.D.”
Hilen v. Hays, 673 S.W.2d 713 (Ky. 1984). “(25) Rhode Island, R.I.Gen.Laws §§ 9-20-4, -4.1 (Supp. 1982).”
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