In Rhode Island, premises liability is an area of law that can hold the owner of a piece of property responsible for an injury that happens to a person while the person is using the property. An owner of a property has the obligation to ensure the safety of the property that he/she knows will be used by the public. If you were injured in a slip and fall in Rhode Island, contact a Rhode Island slip and fall lawyer.
Rhode Island Slip and Fall Lawyer
When someone is injured because the owner was unaware of a safety hazard that he/she should have known about, the person has the right to file a legal complaint against the owner and be compensated. If you were injured in a slip and fall in RI, contact Slip and fall lawyers in RI.
What does “premises liability” mean?
Premises liability covers a broad range of accidents including slip and fall accidents, falling debris or merchandise, defects in the sidewalk or road way, asbestos exposure, dog bites, inadequate lighting, inadequate security that allows assaults, hanging hazards, iced entrance ways, electric shock caused by exposed wiring, exposure to lead paint, mesothelioma and carbon monoxide leaks.
Which premises liability cases are most pursued in Rhode Island?
Premises liability cases due to slipping and falling are the most frequent kind of case where legal action and compensation is sought. Slipping and falling are mostly caused by water, fruits, vegetables and other slippery solvents that were not cleaned and picked up in a timely manner.
Where do the most slip and fall accidents occur in Rhode Island?
Driveways, porches, entrance-ways, restaurants, supermarkets, sidewalks and other public areas such as banks and hospitals are where the most slip and fall accidents take place. Premises liability cases are not just limited to corporations, but can include partnerships, trusts and private owners. Even a city, town or state can be held responsible.
Landowners have the responsibility
Landowners have the responsibility for clearing snow or removing ice as and when it is needed from entrances, driveways and sidewalks of property they own and expect other people to use. When the owner ignores their duties and it results in injury to another person, they can be held accountable.
If I am sure that I slipped and fell due to the negligence of those responsible for the property, who can I hold accountable?
Providing a safe environment
The law, stated by the Supreme Court of Rhode Island, specifies that the landowner has the responsibly of providing a safe environment on the premises of which they expect people to use. Preventing dangerous conditions by exercising reasonable care to discover and deal with any unsafe circumstances in a sensible fashion are the landowner’s duty. It is the responsibility of the plaintiff, the person who had the accident, to prove that the cause of the accident was due to the neglect of the defendant, the landowner.
People who are older and little children are the most likely to slip and fall. Is it difficult, or can they receive compensation for medical bills and the emotional trauma they went through?
Compensation for any injury
Rhode Island law clearly states that any person can receive compensation for any injury that he/she can prove was due to the negligence of the landowner. The law does not differentiate anyone based on age or a pre-existing condition. The property owner has the responsibility to protect the safety of any person who uses the property, despite the person’s age or health.
However, if the person with a pre-existing injury was behaving inappropriately or not paying proper attention to his/her actions, then the incident may include comparative fault. Comparative fault is clarified below.
If children were trespassing or attracted to a dangerous situation, then there are specific laws that have to be considered, and compensation may not be given.
In Rhode Island personal injury law, what is comparative fault?
When a personal injury accident occurs in Rhode Island, comparative fault, also known as comparative negligence, is the doctrine used to determine the percent for which each party involved in the accident is responsible. The jury must determine this fact, and compensation is given accordingly. If the plaintiff is responsible for 99 percent of the injury, then he/she will receive compensation for the remaining one percent.
Contact a personal injury attorney in Rhode Island to decide whether there is any comparative negligence involved in your accident. Slip and fall lawyers in RI will help you get the settlement you are entitled to
“After a slip and fall accident in Rhode Island, the first step a victim must take is retaining one of the best Rhode Island slip and fall attorneys. The RI negligence lawyers will perform an extensive intake process and perform a case assessment. This trip and fall liability assessment includes determining the source of recovery otherwise known as liable entities or liable tortfeasors.” https://www.slepkowlaw.com/slip-fall-ri.htm
Based on data from the Centers for Disease Control and Prevention, 17,000 people in the United States die each year due to injuries sustained in slip and fall accidents. This statistic, along with other information, can be found at http://www.cdc.gov/. Whether at work or when shopping in a store, slip and fall accidents in Rhode Island often lead to situations where a victim or their family may need the services of a RI personal injury attorney. A top Rhode Island slip and fall lawyer will help the injured victim get the justice and compensation they are entitled to.
Slip and Fall Statistics
In many cases, slip and fall accidents are caused by the negligence of others. Whether it’s a worker failing to put out signs indicating a floor is wet or a business failing to clear ice from a parking lot, slip and fall accidents can happen at anytime.
When these accidents happen, a number of serious injuries can result. Some of the most common injuries resulting from slip & fall premises liability claims in Rhode Island and Providence Plantations include hip and leg fractures, broken arms and elbows, and fractured kneecaps. All of these very serious injuries can lead to weeks or months of time lost from work as well as numerous trips to the doctor for treatment. Naturally, as bills mount and little if any money is being earned, victims and their families start to worry about what will happen next.
Compensation and damages paid to injured victims in RI
In times like these, a personal injury attorney or a Rhode Island slip and fall lawyer may be able to help. By offering free consultations as well as a no-fee unless the case is won policy, victims can have the opportunity to discuss their case in great detail in order to determine if further legal action is required. By having a RI personal injury lawyer or a Rhode Island slip and fall attorney act with a keen sense of objectivity, clients can gain a true assessment of just how much financial compensation they may receive for their injuries.
According to the National Safety Council, 19 percent of all disabling work injuries can be attributed to slip and fall accidents. In addition, the Council reports 12 percent of all emergency room visits annually are attributed to slip and fall accidents. These statistics, as well as other information, can be found at http://www.nsc.org/. Needless to say, when accidents such as these arise, it’s vital to have knowledgeable and experienced legal representation as soon as possible. By consulting with a personal injury attorney, slip and fall victims may find they have a case that bears further investigation. By doing so, they may be able to force those who may have created unsafe conditions to accept responsibility for their actions.
Employment and work related slip and fall accident
“Risk Factors The following risk factors have caused slips, trips, and same-level falls in the workplace [CDC 2011; NIOSH 2010; Anderson and Mulhern 2010; ISSA 2008; NFSI 2009; UWSP 2010]: Workplace Factors Spills on walking surfaces may cause slippery surfaces (See Figure 1). Ice, snow, or rain can create outdoor slipping hazards and can be tracked indoors. Loose mats or rugs may result in tripping. Boxes/containers may obstruct vision (See Figure 2). Poor lighting affects visibility. Walking surfaces that are in disrepair, have protruding nails and boards, or changes in floor height may cause STFs. Contaminants on the floor, walking surface irregularities, and tripping hazards such as clutter, cords or hoses, on walking surfaces lead to most STF injuries in the workplace” DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Disease Control and Prevention National Institute for Occupational Safety and Health cdc
Hiring a Rhode Island slip and fall attorney
Slip and fall cases are challenging for personal injury lawyers in Rhode Island to litigate because there are so many variables that must be considered before filing a lawsuit. The most important aspect of the entire process is hiring a Rhode Island slip and fall attorney who can adequately handle your cause of action. The right attorney will be able to build a solid case based on the facts and the evidence in your favor.
Proving Fault in a Providence Slip and Fall
To prove a case against a business or property owner after a slip and fall accident, you must have sufficient evidence that they acted unreasonably and breached the standard of care. The Supreme Court of Rhode Island (RI) stated “[A] landowner has a duty to exercise reasonable care for the safety of persons reasonably expected to be on the premises, and that duty includes an obligation to protect against the risks of a dangerous condition existing on the premises, provided the landowner knows of, or by the exercise of reasonable care would have discovered, the dangerous condition. The burden of proving that sufficient evidence existed to show that the defendants knew or should have known of an unsafe condition on their premises is on the plaintiff.” Lieberman v. Bliss-Doris Realty Associates
It is important to provide pictures taken immediately after the mishap . Your East Providence negligence lawyers will obtain witness statements of people who saw the accident or have important evidence documenting the wrongs committed by the tortfeasor. You may be able to prove that the owner did not adequately care for the property or perform proper maintenance and because of that, you had your accident.
Typically the negligent tortfeasor’s insurance carrier will use every trick in the book to suggest that you were partly at fault for the premises liability accident. While you are trying to find fault with them, their RI personal injury attorney will be doing everything possible to find ways where you could have been at fault.
Demand to be compensated fairly in a trip and fall case in RI
If you want to win your case, ask for the compensation that fully and completely compensates you for your damages including pain and suffering, permanency of the injury, lost wages as well as scarring and disfigurement. This can include lost wages for days missed at work, medical expenses and pain and suffering. Demanding a high sum of money is the best course of action to counterbalance the liability companies typical low ball “peanuts” unreasonable offer. You can compromise with the insurance company after they start talking real numbers or right before a trial on the merits when they are running scared.
If the owner of the property makes an offer to settle, take a serious look at the amount. However, the offer by the property owner is likely to be a low ball offer causing you to need to litigate.
When determining what you need for compensation, you have to know your day to day expenses, how much work you missed, the total amount of your medical bills and if you will require long term care. You are also entitled to compensation for your pain and suffering as a result of the mishap. You may also seek pain and suffering damages for future pain and suffering and permanency.
Prepare to Negotiate and if that does not get you the compensation you are entitled to prepare to litigate. Many business owners have liability insurance for just this type of claim. If they know you are going to bring a lawsuit against them, they may offer you a settlement. Go over it closely and make sure you are getting exactly what you deserve. If you have missed three days of work and were paid $50 per day, don’t take less than $150 for your lost wages. Many insurance companies will submit a low offer, to see if they can convince you that will be all you will get in court. This is not necessarily true.
If you do not have a good Rhode Island personal injury attorney and are stupid enough to take matters into your own hands, be prepared to stand up for what you believe you deserve. In all likelihood, this will be a futile effort since the insurance companies will trounce you at trial since you have no idea what you are doing.
If you are honestly trying to win your premises neglect case and attempting to force the insurance company to compensate you properly for your injuries, make sure your Rhode Island personal injury attorneys, RI premises liability attorney or RI slip and fall lawyers are as informative and upfront as possible with both your evidence and the amount of your claim. Going to the extreme with either, may result in the judge siding with the business owner and enabling the insurance lawyers.