§ 24-5-13 - Liability of cities and towns for injuries from defective roads.
SECTION 24-5-13
§ 24-5-13 Liability of cities and townsfor injuries from defective roads. (a) The cities and towns shall also be liable to all persons who may in any waysuffer injury to their persons or property by reason of any neglect, to berecovered in a civil action except as provided in subsection (b).
(b) If any person shall incur damage to his or her motorvehicle by reason of a pothole on any municipal highway, causeway, street orbridge which damage would not have occurred without the existence of thepothole, he or she may recover from the municipality the amount of damagessustained up to and not more than the sum of three hundred dollars ($300).Provided, however, that the municipality had reasonable notice of the pothole,or may have had notice thereof by the exercise of proper care and diligence onits part, and a reasonable opportunity to repair the pothole. All claims shallbe made within a period of seven (7) days from the date on which the damage wassustained by filing a written report in a manner prescribed by themunicipality. In no instance, however, shall any claim for damage so caused toa motor vehicle registered in a foreign state be considered unless that statehas a similar statute affording similar protection to persons owning motorvehicles registered in this state.