This bill amends Chapter 16-32 of the General Laws concerning the University of Rhode Island by introducing new provisions related to tort claims against the board of trustees. It establishes definitions for key terms such as "board of trustees," "employee," and "injury," and outlines the conditions under which the board can be held liable for injuries. Specifically, the board is only liable for injuries caused by employees acting within the scope of their employment, excluding cases of actual fraud, actual malice, or willful misconduct.
The bill limits the board's liability for injuries caused by conditions of its property to instances where the plaintiff establishes that the property was in a dangerous condition at the time of the injury, that the injury was proximately caused by the dangerous condition, that the dangerous condition created a reasonably foreseeable risk of the kind of injury incurred, and that the board willfully or maliciously failed to guard or warn against the dangerous condition. Additionally, the bill states that the board shall not be liable for a dangerous condition if the actions taken to protect against the condition or the failure to take such action was not palpably unreasonable.
The maximum recovery for any tort claim against the board is capped at $100,000, and claimants must present their claims within 90 days of the injury to avoid being barred from recovery. The bill also specifies that if a claim is not filed within 90 days, or if three years have elapsed since the accrual of the claim, the claimant is forever barred from recovering against the board.
Furthermore, the bill mandates the board to conduct a feasibility study regarding the operations of the Rhode Island Nuclear Science Center and the Rhode Island Atomic Energy Commission. This study will evaluate the feasibility of continued operation of the reactor and the potential for the university to assume oversight of its operations. The costs of this study will be funded by the state. The act is set to take effect upon passage.