Rhode Island Punitive Damages Laws: Standard and Limits (2026)

Rhode Island allows punitive damages as a common-law remedy, but only on a showing the state's highest court calls rigorous: the party seeking them must produce evidence of "such willfulness, recklessness or wickedness, on the part of the party at fault, as amount[s] to criminality, which for the good of society and warning to the individual, ought to be punished" (Palmisano v. Toth, 624 A.2d 314 (R.I. 1993), quoting Sherman v. McDermott (1974)). Rhode Island has no general punitive damages statute and no general cap, although some statutes for particular claims, such as trade secrets (R.I. Gen. Laws 6-41-3(b)), set their own limits.

Statutes add specific rules: punitive damages in an action commenced under 10-7-5 if they would have been recoverable had the decedent survived (10-7-7.1), no exemplary damages in listed actions against a deceased wrongdoer's executor or administrator (9-1-8), and bars against the state on two employment claims. For how other states compare, see punitive damages laws by state.

Information last verified on 2026-10-19. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers Rhode Island state law on punitive damages in civil cases: the common-law standard stated by the Rhode Island Supreme Court and the sections of the Rhode Island General Laws named below. It does not cover compensatory damages, wrongful-death procedure, deadlines and beneficiaries (see Rhode Island wrongful death law), federal claims, or every statute that authorizes punitive or multiplied damages for a particular claim beyond those named here.

Does Rhode Island allow punitive damages?

Yes. Punitive damages in Rhode Island come from the courts, not from a general statute. In Palmisano v. Toth, the Rhode Island Supreme Court restated the rule from Sherman v. McDermott, 114 R.I. 107, 329 A.2d 195 (1974):

"This court and others have held that the party seeking punitive damages has the burden of producing 'evidence of such willfulness, recklessness or wickedness, on the part of the party at fault, as amount[s] to criminality, which for the good of society and warning to the individual, ought to be punished.' ... An award of punitive damages is considered an extraordinary sanction and is disfavored in the law, but it will be permitted if awarded with great caution and within narrow limits."

Ten years later, in Bourque v. Stop & Shop Cos., 814 A.2d 320 (R.I. 2003), the court repeated the point: "The availability of punitive damages is restricted in this jurisdiction and the standard for imposing such damages is a rigorous one."

The statutes that mention punitive damages are tied to particular claims: wrongful death actions under 10-7-5, actions against a deceased wrongdoer's estate, insurer bad faith, late payment of settlements, reckless liquor service, false arrest, several employment statutes, and several consumer and business statutes. None of them sets a general standard, burden, cap or state share for other cases.

What must be proven

Conduct amounting to criminality. The test is the Sherman formula quoted above: willfulness, recklessness or wickedness on the part of the party at fault that amounts to criminality and ought to be punished for the good of society and as a warning to the individual. Palmisano adds that "for punitive damages to be awarded there must be a showing that the defendant acted with malice or in bad faith" (citing Morin v. Aetna Casualty & Surety Co., 1984).

Burden of producing evidence. The court frames the rule as a burden on the party seeking punitive damages to produce that evidence (Palmisano; Bourque). The Rhode Island decisions quoted on this page do not state whether the standard of proof is a preponderance of the evidence or clear and convincing evidence, so this page does not state one.

The judge decides first. In Palmisano, the court held: "Whether a party seeking punitive damages has met the high standard imposed on such an award is a question of law for the trial justice. ... Once a trial justice determines that there are adequate facts to support an award of punitive damages, then the question of whether and to what extent the party is entitled to punitive damages is in the discretion of the trier of fact."

Is there a cap on punitive damages in Rhode Island?

Rhode Island has no general cap on punitive damages and no general ratio. Some statutes for particular claims set their own limits:

Damages limits for government defendants. Chapter 9-31 makes the state and its political subdivisions "liable in all actions of tort in the same manner as a private individual or corporation," subject to the chapter's monetary limits (9-31-1(a)). In a tort action against the state or a political subdivision, "any damages recovered therein shall not exceed the sum of one hundred thousand dollars ($100,000)," except where the state was engaged in a proprietary function or has agreed to indemnify the federal government (9-31-2). A parallel $100,000 limit applies to cities, towns and fire districts unless they were engaged in a proprietary function (9-31-3). These sections limit damages in general; they do not mention punitive damages.

The defendant's finances. The amount is set with the defendant's resources in view. Palmisano states: "As early as 1926 our predecessors on this court concluded that the financial ability of a defendant is always a matter of vital consideration in estimating the amount of punitive damages that should be awarded." The U.S. Supreme Court's due-process limits on the size of punitive awards also apply to Rhode Island verdicts; the punitive damages hub explains them.

Review of the amount. Under Palmisano, the trial justice may set aside a punitive award that "clearly appears to be excessive, or to represent the passion and prejudice of the jury rather than their unbiased judgment," and may order a new trial on damages alone unless the plaintiff agrees to a remittitur. The court added: "In no event, however, may a jury award be reviewed for inadequacy, nor may a trial justice review a jury's failure to award any punitive damages."

How a punitive damages claim is tested before trial

Palmisano created a pretrial check aimed at discovery into the defendant's finances. A defendant may move to strike the punitive damages claim, and:

"The filing of such a motion to strike will have the effect of deferring all discovery relating to the punitive-damage claim until a justice of the Superior Court has ruled upon said motion. ... If the justice finds that such a showing has not been made, he or she will strike the claim for punitive damages."

At the hearing on that motion, the plaintiff may present evidence "sufficient to constitute a prima facia showing" of eligibility for punitive damages under the standard "that the defendant acted so willfully, maliciously, or recklessly as to amount to conduct bordering on criminality," and the defendant may cross-examine witnesses. If the motion is granted, "no discovery will be permitted on the issue of the defendant's ability to respond to punitive damages." If it is denied, the plaintiff may seek discovery of the defendant's wealth or ability to respond to an award; the opinion describes that discovery as reaching the defendant's financial worth to the extent necessary, "namely, the defendant's net worth or annual income."

Employers and other principals

In Palmisano, the Rhode Island Supreme Court stated: "At the outset our rule would not permit a jury to award punitive damages on a respondeat-superior theory." For a partner who was not shown to have taken part in the conduct, the court left it to the Superior Court to decide whether the plaintiffs could make a prima facie showing of his "involvement vel non in any act of wickedness, recklessness, or criminality."

Does Rhode Island take a share of the award?

No general statute does. Rhode Island has no general split-recovery statute sending part of a private punitive award to the state or a fund. Section 23-19.14-16(a), in the table above, is different: it lets the state recover punitive damages on its own claim against a party who fails to carry out a remediation order, rather than taking a share of a private plaintiff's award.

Punitive damages in Rhode Island wrongful death cases

Section 10-7-7.1, headed "Punitive damages," was added in 2009 (P.L. 2009, ch. 382). It reads in full:

"In an action commenced under § 10-7-5, recovery may be had for punitive damages if such damages would have been recoverable had the decedent survived."

The section names only actions commenced under 10-7-5, which is headed "Liability for medical expense and diminution of earning power." The general wrongful-death liability section, 10-7-1, makes a wrongdoer "liable to an action for damages, notwithstanding the death of the person injured," and does not mention punitive damages. Before 10-7-7.1 was enacted, the Rhode Island Supreme Court held in Simeone v. Charron, 762 A.2d 442 (R.I. 2000), that "punitive damages are precluded in a Rhode Island wrongful death suit," given "the absence of a specific statutory provision allowing for punitive damages." The 2009 section authorizes them only "in an action commenced under § 10-7-5"; its text does not mention the action under 10-7-1.

Because 10-7-7.1 turns on whether punitive damages "would have been recoverable had the decedent survived," the common-law criminality standard above still governs. Who may bring a death action, and the deadlines, are covered on the Rhode Island wrongful death page.

When the wrongdoer has died

Section 9-1-6 lists causes of action that survive a party's death, including actions of waste, replevin and conversion, and actions for damages to the person or to real and personal estate. Section 9-1-8, headed "Actual damages only to be granted after death of party," then limits what can be recovered:

"Whenever any of the causes of action or actions as provided in § 9-1-6 are, originally or by survival, brought or prosecuted by or against the executor or administrator of the party originally liable, the plaintiff shall be entitled to recover only the value of the goods taken, or the damage actually sustained, without any vindictive or exemplary damages, or damages for any alleged outrage to the feelings of the injured party."

Statutes that authorize punitive damages for particular claims

Insurer bad faith. Section 9-1-33 covers an insurer's bad faith refusal to pay a claim made under any insurance policy. In an action under it, "an insured may also make claim for compensatory damages, punitive damages, and reasonable attorney fees."

Settled claims not paid within 30 days. Under 9-1-50(a), as amended by P.L. 2023, ch. 150 and 151, "Failure to make payment within thirty (30) days shall raise a presumption that failure to do so was a willful and wanton disregard for the rights of the claimant. In addition to all other remedies, the payor shall be liable to the claimant in a separate cause of action for punitive damages and interest which shall be computed at the rate of twelve percent (12%) per annum from the date the cause of action giving rise to the settlement occurred until the judgment on the claim brought pursuant to this section is entered."

Reckless service of alcohol. Under the Rhode Island Liquor Liability Act, "Punitive damages may be awarded in all actions based on reckless conduct, as set forth in § 3-14-7(c). Punitive damages may not be awarded for actions based on negligent conduct, as set forth in § 3-14-6(c)" (3-14-8(b)). Section 3-14-7 is headed "Liability for reckless service of liquor." For the rest of a crash claim, see Rhode Island car accident law.

False arrest or imprisonment. "In an action for false arrest or false imprisonment, the plaintiff, if successful, may be awarded punitive damages in addition to compensatory damages" (12-7-14).

Employment discrimination. Under the State Fair Employment Practices Act, "where the challenged conduct is shown to be motivated by malice or ill will or when the action involves reckless or callous indifference to the statutorily protected rights of others, the court may award punitive damages; provided, that punitive damages shall not be available against the state or its political subdivisions" (28-5-29.1). Section 12-28-10, in the chapter cited as the "Victim's Bill of Rights," protects victims of domestic abuse against employment discrimination and allows "where the challenged conduct is shown to be motivated by malice or ill will, punitive damages," with the same proviso that they "shall not be available against the state or its political subdivisions" (12-28-10(b)(1)).

Does insurance pay punitive damages in Rhode Island?

Not for the wrongdoer's own punitive award under the auto liability policy at issue in Allen v. Simmons, 533 A.2d 541 (R.I. 1987). The Rhode Island Supreme Court wrote:

"However, this court believes that the sounder approach bars the wrongdoer from shifting the punitive damages to the insurer. ... Common sense demands that the burden of satisfying a punitive-damage award should remain with the wrongdoer and should not be cast upon the blameless shoulders of the other insureds."

The holding addressed an automobile liability policy; the decision quoted here does not address homeowners, commercial or other policies.

When an insurer is insolvent. In the liquidation of an insolvent insurer, the Insurers' Rehabilitation and Liquidation Act excludes from Class 3 priority "Any amount accrued as punitive or exemplary damages unless expressly covered under the terms of the policy" (27-14.3-46). Under the Rhode Island Property & Casualty Insurance Guaranty Association Act, as amended effective January 1, 2026 (P.L. 2025, ch. 452 and 453), a "covered claim" "shall not include: (A) Any amount awarded as punitive or exemplary damages" (27-34-5(10)(iv)(A)).

Rhode Island punitive damages at a glance

Recent changes and pending bills

Among the statutes on this page, 9-1-50 was amended in 2023 (P.L. 2023, ch. 150 and 151), and the wrongful-death punitive damages section, 10-7-7.1, dates from 2009.

In 2026, bills H 7750 (introduced February 12, 2026) and S 3193 (introduced April 3, 2026) proposed a new section 9-1-55 under which, in any civil action including wrongful death actions, a plaintiff could receive punitive damages on evidence of "willful or wanton conduct" or that the defendant "acted with reckless disregard for the health safety and welfare of persons who foreseeably might be harmed." Neither bill is law, and the General Laws contain no section 9-1-55.

Related pages

• Punitive damages laws by state
• Rhode Island wrongful death law
• Rhode Island car accident law
• Massachusetts punitive damages
• Connecticut punitive damages

This article provides general legal information about Rhode Island punitive damages law as of 2026-10-19. It is not legal advice. For advice about a specific situation, contact a lawyer licensed in Rhode Island.

Last updated: 2026-10-19.

Frequently Asked Questions

Does Rhode Island allow punitive damages?

Yes. Rhode Island allows punitive damages at common law when the party seeking them produces evidence of willfulness, recklessness or wickedness amounting to criminality (Palmisano v. Toth, 1993). Several statutes, such as 9-1-33 for insurer bad faith and 3-14-8 for reckless liquor service, also authorize them for particular claims.

What is the standard for punitive damages in Rhode Island?

The party seeking them must produce evidence of such willfulness, recklessness or wickedness, on the part of the party at fault, as amounts to criminality, which for the good of society and warning to the individual ought to be punished (Palmisano, quoting Sherman v. McDermott). The trial justice decides as a matter of law whether that standard is met before the trier of fact considers an award.

Is there a cap on punitive damages in Rhode Island?

There is no general cap. Some statutes for particular claims set their own limits, including 6-41-3(b) (exemplary damages up to twice an award under subsection (a) for willful and malicious trade secret misappropriation) and 5-79-6(b) (up to 1.5 times the compensation a foreclosure consultant charged, for bad-faith violations). Chapter 9-31 separately limits any damages recovered in most tort actions against the state, cities, towns and fire districts to $100,000.

Are punitive damages available in a Rhode Island wrongful death case?

Section 10-7-7.1 provides that in an action commenced under 10-7-5, recovery may be had for punitive damages if such damages would have been recoverable had the decedent survived. The section refers only to actions under 10-7-5, and the main wrongful-death liability section, 10-7-1, does not mention punitive damages. Before 10-7-7.1 was enacted in 2009, the Rhode Island Supreme Court held in Simeone v. Charron (2000) that punitive damages are precluded in a Rhode Island wrongful death suit.

Are punitive damages available against the estate of a person who has died in Rhode Island?

Not in the actions listed in 9-1-6, such as actions for damages to the person or to real and personal estate. Under 9-1-8, when those actions are brought or prosecuted by or against the executor or administrator of the party originally liable, recovery is limited to the value of the goods taken or the damage actually sustained, without vindictive or exemplary damages.

Does insurance pay punitive damages in Rhode Island?

In Allen v. Simmons (1987), a case under an automobile liability policy, the Rhode Island Supreme Court held that the sounder approach bars the wrongdoer from shifting the punitive damages to the insurer. The holding arose under that auto policy.

Are punitive damages available against an insurance company for bad faith in Rhode Island?

Yes. In an action under 9-1-33 for an insurer's bad faith refusal to pay a claim, the insured may also claim compensatory damages, punitive damages and reasonable attorney fees.

Are punitive damages available against the State of Rhode Island?

Not under the Fair Employment Practices Act or the domestic-abuse employment statute: both provide that punitive damages shall not be available against the state or its political subdivisions (28-5-29.1; 12-28-10). For tort claims generally, 9-31-2 and 9-31-3 cap any damages recovered against the state, cities, towns and fire districts at $100,000, except where a proprietary function (or, for the state, an agreement to indemnify the federal government) is involved.

Does Rhode Island take part of a punitive damages award?

No general statute does. Rhode Island has no general split-recovery statute sending a share of a private punitive award to the state or a fund. Section 23-19.14-16 lets the state itself recover punitive damages of one to three times its own costs from a party who fails to carry out a remediation order, which is the state's own claim rather than a share of a private award.