§ 46-12.3-4 — § 46-12.3-4. Recovery for economic loss.

Rhode Island § 46-12.3-4

• Jurisdiction: Rhode Island
• Title 46: Waters and Navigation
• Ch. 46-12.3: The Environmental Injury Compensation Act

Text

§ 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 of income or diminution of profit to a person or business as a result of damage to the natural resources of the state of Rhode Island caused by the violation of any provision of chapter 9 or 9.1 of title 46, regarding the obligation of a vessel to have a licensed pilot on board prior to entering a navigable waterway of the state, or chapter 12 of title 46, regarding water pollution, or any violation of any permit, rule, regulation, or order issued pursuant thereto by the owner or operator and/or their agents of the seagoing vessel and/or caused by the negligence of the owner or operator and/or their agents of the seagoing vessel.

(b) In any suit brought to recover economic loss, it shall not be necessary to prove that the loss was sustained as a result of physical injury to the person or damage to his or her property, nor shall it be a defense to any claim that the defendant owed no special duty to the plaintiff or that the loss was the result of governmental action taken in response to the violation and/or negligence of the defendant.

(c) Without limiting the generality of the foregoing, persons engaged in commercial fishing or shellfishing and/or the processors of fish or shellfish, who can demonstrate that they have sustained a loss of income or profit as a result of damage to the environment resulting from violations of chapter 9 or 9.1 of title 46, regarding the obligation of a vessel to have a licensed pilot on board prior to entering a navigable waterway of the state, or chapter 12 of title 46, regarding water pollution or any violation of any permit, rule, regulation or order pursuant thereto by the owner or operator and/or their agents of a seagoing vessel and/or caused by the negligence of the owner and/or agent of a seagoing vessel, shall have a cause of action for economic loss. Persons employed by, or who operate businesses, who have sustained a loss of income or profit as a result of a decrease in the volume of business caused by the damage to the environment shall also be entitled to maintain an action for economic loss.

Legislative History

P.L. 1990, ch. 198, § 1.