If someone suffers a major injury caused by unsafe conditions on a commercial or residential property in Rhode Island, the property owner can possibly be sued for damages. The victim should retain the best Rhode Island premises liability lawyer.
RI premises liability attorney
Many situations can fall under the category of premises liability, and courts have to look at whether or not there was any negligence on the part of the property owner or the person who suffered the injury before awarding any compensation.
Most Common Types of Premises Liability Cases in RI
•Slip and Fall – These types of cases often arise when a person slips on a dangerous surface and becomes injured due to a fall. Walkways covered in snow and ice as well as floors that have been recently mopped often create dangerous conditions and can cause these types of injuries. Slip and fall injuries commonly occur in places like grocery stores, shopping malls and amusement parks.
•Dog Bites – Property owners who have loose dogs or other potentially dangerous animals on their properties may be held liable if anyone becomes injured from being bitten. Other injuries caused by dangerous pets may also be considered for compensatory damages.
•Toxic Substances – Premises liability law in Rhode Island also covers people who have been adversely affected by toxic fumes or chemicals found on a property. These unhealthy agents are known to cause skin irritation and respiratory problems, which may necessitate extensive medical treatment for anyone who has been affected.
•Elevator and Escalator Accidents – Elevators and escalators located inside shopping malls, transit hubs and other major commercial centers in Rhode island and Providence Plantations can cause catastrophic injuries if there are any mechanical malfunctions. Property owners can face even stiffer penalties if any of their elevators or escalators previously failed to meet safety standards.
•Swimming Pool Injuries – Property owners who have swimming pools, hot tubs or water slides on their properties can be held liable for any accidents that occur. Unhealthy water quality and fatalities causes by drowning are often the culprit behind these types of liability claims.
•Substandard Security – Liability claims can be filed if people are harmed by dangerous individuals due to inadequate security. Buildings that are not equipped with proper security features or are not adequately protected due to negligent security personnel are often targets for thieves and assailants.
Other Factors to Consider
In order for a plaintiff to win in court, it must be proven that the property owner did not take the necessary precautions to prevent the accident from occurring. If a person was not authorized to be on a property and sustains an injury then the property owner is often not held liable unless that trespasser happens to be a child.
Howe and Associates personal injury attorneys state: “The CDC estimates over 20,000 slip and fall accidents happen every year. Premises liability is the legal term referring to a property owner or manager’s responsibility when a third party sustains an injury while on their property. For example, homeowners and commercial building managers are responsible, to a reasonable extent, for the safety and well being of those on their property” Source
Premises liability in Rhode Island refers to laws holding property owners, tenants and occupants legally responsible for any accident that happens on the property because of an unsafe condition. However, premises liability laws are complicated and challenging to litigate. Because of that, victims suffering damages in an accident on another’s property are encouraged to speak to an attorney to protect their legal rights and understand the law.
Defining which parties are at fault can be difficult to determine. However, reputable personal injury attorneys in RI who specialize in premises liability claims can provide legal advice and opinions on how to best proceed with a case for compensation. Contact a slip and fall ri attorney.
The 10 most common types of accidents involve:
• #1. Slip and Fall Cases – A leading cause of most premises liability accidents involve slips and falls on business and residential properties caused by the neglect of the property owner. These types of cases often cause significant harm to the victim including broken bones, spinal cord injury, back and neck injuries, head trauma or TBI (traumatic brain injury) along with lacerations, cuts and bruises.
• #2. Electrocutions – Exposed wiring, ungrounded electrical connections and faulty electrical components can all produce an unsafe condition for tenants, visitors and workers. Nearly every electrical fire, electric shock or electrocution can be prevented if the owner or others in charge of the property ensure that the structure’s electrical system has been properly designed, installed and maintained.
• #3. Hazardous and Defective Outside Areas – Uneven surfaces, unmarked curbs, parking lot potholes and accumulated snow and ice can cause dangerous outdoor scenarios where victims suffer serious injuries. If the owner, manager, supervisor or others in charge of the property are inattentive to the hazardous condition or fail to barricade the area and someone is injured, they can be held legally at fault through civil action.
• #4. Insufficient Security – When tenants, visitors or others are harmed by criminal activity on another’s property due to insufficient security, the property owner might be found legally responsible for any injuries or damages associated with the incident.
• #5. Stairway and Porch Collapses – Faulty design, poor construction or lack of maintenance can cause stairways and porches to collapse. When the property owner knew, or should have known, then an unsafe condition existed on the premises, they can be held legally liable for compensation.
• #6. Fire – Smoke inhalation and fire are common in premises liability claims for compensation by tenants, visitors and building occupants suffering burns or lung damage.
• #7. Mercury and Lead Poisoning – Tenants, visitors and workers are often exposed to mercury and lead poisoning in building structures where the property owner failed to provide protection. Young children are especially vulnerable to lead poisoning in older homes, apartments, condominiums and townhouses.
• #8. Exposure to Toxic Mold – Tenants and possessors of a property can usually seek recompense from property owners when exposed to toxic mold. Financial recovery is usually available if the property owner knew, or should have reasonably expected, that the toxic condition existed on the property.
• #9. Exposure to Pesticides – Hazardous pesticides, herbicides and insecticides can cause serious injuries to household occupants or employees living or working at another’s property.
• #10. Drowning – Surviving family members of a victim who drowns in a neighbor’s backyard or at the community pool usually have the legal right to seek financial recovery from the property owner through a premises liability claim or wrongful death lawsuit.
Every one of the accidents listed above can easily cause significant harm and injuries to innocent visitors on another’s property. Victims are encouraged to seek immediate medical care and hire a Rhode Island premises liability attorney or a Rhode island personal injury attorney as soon as possible to file a claim or lawsuit for financial recovery. This is because extensive medical care to heal from a serious injury is usually very expensive and often beyond the financial capacity of individuals harmed on someone else’s property.
- “Fall fatalities are nearly equally divided between men and women. However, more women will experience a slip-and-fall accident. According to the Bureau of Labor Statistics, falls accounted for 5% of the job-related fatalities for women compared to 11% for men.
- Falls account for over 8 million hospital emergency room visits, representing the leading cause of visits (21.3%). Slips and falls account for over 1 million visits, or 12% of total falls.
- Fractures are the most serious consequences of falls and occur in 5% of all people who fall.
- Slips and falls do not constitute a primary cause of fatal occupational injuries, but represent the primary cause of lost days from work.
- Slips and falls are the leading cause of workers’ compensation claims and are the leading cause of occupational injury for people aged 55 years and older.
- According to the Consumer Product Safety Commission (CPSC), floors and flooring materials contribute directly to more than 2 million fall injuries each year.
- Half of all accidental deaths in the home are caused by a fall. Most fall injuries in the home happen at ground level, not from an elevation.
- Of all fractures from falls, hip fractures are the most serious and lead to the greatest health problems and number of deaths. The following statistics describe the slip-and-fall crisis affecting our nation’s elderly.” National Floor Safety Institute
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