Vicarious Liability

Whenever any motor vehicle shall be used, operated, or caused to be operated upon any public highway of this state with the consent of the owner, lessee, or bailee, expressed or implied, the driver of it, if other than the owner, lessee, or bailee, shall in the case of an accident be deemed to be the agent of the owner, lessee, or bailee, of the motor vehicle unless the driver shall have furnished proof of financial responsibility in the amount set forth in chapter 32 of this title, prior to the accident. For the purposes of this section, the term “owner” includes any person, firm, copartnership, association, or corporation having the lawful possession or control of a motor vehicle under a written sale agreement. (R.I. Gen. Laws § 31-33-6)

Yes. The Supreme Court of Rhode Island has recently held that short-term rental agencies, long-term leasing companies, and motor-vehicle financing corporations are subject to vicarious liability under R.I. Gen. Laws §§ 31-33-6 and 31-34-4 as the owners of motor vehicles. The Rhode Island General Assembly amended R.I. Gen. Laws § 31-33-6 in its 2003 session to limit the exposure of rental and leasing companies to vicarious liability in response to the Supreme Court's decision.