State Codes and Statutes

Statutes > Rhode-island > Title-46 > Chapter-46-12-3 > 46-12-3-4

SECTION 46-12.3-4

   § 46-12.3-4  Recovery for economic loss.– (a) A person shall be entitled to recover for economic loss, pursuant to§§ 46-12.3-2 and 46-12.3-3, if the person can demonstrate the loss ofincome or diminution of profit to a person or business as a result of damage tothe natural resources of the state of Rhode Island caused by the violation ofany provision of chapter 9 or 9.1 of title 46, regarding the obligation of avessel to have a licensed pilot on board prior to entering a navigable waterwayof the state, or chapter 12 of title 46, regarding water pollution, or anyviolation of any permit, rule, regulation, or order issued pursuant thereto bythe owner or operator and/or their agents of the seagoing vessel and/or causedby the negligence of the owner or operator and/or their agents of the seagoingvessel.

   (b) In any suit brought to recover economic loss, it shallnot be necessary to prove that the loss was sustained as a result of physicalinjury to the person or damage to his or her property, nor shall it be adefense to any claim that the defendant owed no special duty to the plaintiffor that the loss was the result of governmental action taken in response to theviolation and/or negligence of the defendant.

   (c) Without limiting the generality of the foregoing, personsengaged in commercial fishing or shellfishing and/or the processors of fish orshellfish, who can demonstrate that they have sustained a loss of income orprofit as a result of damage to the environment resulting from violations ofchapter 9 or 9.1 of title 46, regarding the obligation of a vessel to have alicensed pilot on board prior to entering a navigable waterway of the state, orchapter 12 of title 46, regarding water pollution or any violation of anypermit, rule, regulation or order pursuant thereto by the owner or operatorand/or their agents of a seagoing vessel and/or caused by the negligence of theowner and/or agent of a seagoing vessel, shall have a cause of action foreconomic loss. Persons employed by, or who operate businesses, who havesustained a loss of income or profit as a result of a decrease in the volume ofbusiness caused by the damage to the environment shall also be entitled tomaintain an action for economic loss.

State Codes and Statutes

Statutes > Rhode-island > Title-46 > Chapter-46-12-3 > 46-12-3-4

SECTION 46-12.3-4

   § 46-12.3-4  Recovery for economic loss.– (a) A person shall be entitled to recover for economic loss, pursuant to§§ 46-12.3-2 and 46-12.3-3, if the person can demonstrate the loss ofincome or diminution of profit to a person or business as a result of damage tothe natural resources of the state of Rhode Island caused by the violation ofany provision of chapter 9 or 9.1 of title 46, regarding the obligation of avessel to have a licensed pilot on board prior to entering a navigable waterwayof the state, or chapter 12 of title 46, regarding water pollution, or anyviolation of any permit, rule, regulation, or order issued pursuant thereto bythe owner or operator and/or their agents of the seagoing vessel and/or causedby the negligence of the owner or operator and/or their agents of the seagoingvessel.

   (b) In any suit brought to recover economic loss, it shallnot be necessary to prove that the loss was sustained as a result of physicalinjury to the person or damage to his or her property, nor shall it be adefense to any claim that the defendant owed no special duty to the plaintiffor that the loss was the result of governmental action taken in response to theviolation and/or negligence of the defendant.

   (c) Without limiting the generality of the foregoing, personsengaged in commercial fishing or shellfishing and/or the processors of fish orshellfish, who can demonstrate that they have sustained a loss of income orprofit as a result of damage to the environment resulting from violations ofchapter 9 or 9.1 of title 46, regarding the obligation of a vessel to have alicensed pilot on board prior to entering a navigable waterway of the state, orchapter 12 of title 46, regarding water pollution or any violation of anypermit, rule, regulation or order pursuant thereto by the owner or operatorand/or their agents of a seagoing vessel and/or caused by the negligence of theowner and/or agent of a seagoing vessel, shall have a cause of action foreconomic loss. Persons employed by, or who operate businesses, who havesustained a loss of income or profit as a result of a decrease in the volume ofbusiness caused by the damage to the environment shall also be entitled tomaintain an action for economic loss.


State Codes and Statutes

State Codes and Statutes

Statutes > Rhode-island > Title-46 > Chapter-46-12-3 > 46-12-3-4

SECTION 46-12.3-4

   § 46-12.3-4  Recovery for economic loss.– (a) A person shall be entitled to recover for economic loss, pursuant to§§ 46-12.3-2 and 46-12.3-3, if the person can demonstrate the loss ofincome or diminution of profit to a person or business as a result of damage tothe natural resources of the state of Rhode Island caused by the violation ofany provision of chapter 9 or 9.1 of title 46, regarding the obligation of avessel to have a licensed pilot on board prior to entering a navigable waterwayof the state, or chapter 12 of title 46, regarding water pollution, or anyviolation of any permit, rule, regulation, or order issued pursuant thereto bythe owner or operator and/or their agents of the seagoing vessel and/or causedby the negligence of the owner or operator and/or their agents of the seagoingvessel.

   (b) In any suit brought to recover economic loss, it shallnot be necessary to prove that the loss was sustained as a result of physicalinjury to the person or damage to his or her property, nor shall it be adefense to any claim that the defendant owed no special duty to the plaintiffor that the loss was the result of governmental action taken in response to theviolation and/or negligence of the defendant.

   (c) Without limiting the generality of the foregoing, personsengaged in commercial fishing or shellfishing and/or the processors of fish orshellfish, who can demonstrate that they have sustained a loss of income orprofit as a result of damage to the environment resulting from violations ofchapter 9 or 9.1 of title 46, regarding the obligation of a vessel to have alicensed pilot on board prior to entering a navigable waterway of the state, orchapter 12 of title 46, regarding water pollution or any violation of anypermit, rule, regulation or order pursuant thereto by the owner or operatorand/or their agents of a seagoing vessel and/or caused by the negligence of theowner and/or agent of a seagoing vessel, shall have a cause of action foreconomic loss. Persons employed by, or who operate businesses, who havesustained a loss of income or profit as a result of a decrease in the volume ofbusiness caused by the damage to the environment shall also be entitled tomaintain an action for economic loss.