It is the duty of every property owner, manager or administrator to ensure the safety of the public so that tenants and guests suffer no physical harm on a premises. Unfortunately, many times in Rhode Island, that legal responsibility to provide safety is simply ignored. This could cause an innocent victim to be seriously injured, suffer a debilitating illness from a dangerous exposure or be a victim of a fatal premises liability accident.
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Wrongful death in Rhode Island
While filing a wrongful death lawsuit in Providence Superior Court will never put your life back in order after you have lost a loved one through a wrongful death, taking civil action can hold those legally accountable for their neglect, carelessness and malfeasance.
Wrongful death accidents can result from various circumstances and situations, and they typically involve the loss of a person’s life due to the negligence, recklessness, or intentional actions of another party. Some common types of wrongful death accidents include:
- Car Accidents: Accidents involving automobiles, motorcycles, trucks, and other vehicles can lead to wrongful death when one or more parties involved are at fault.
- Medical Malpractice: Wrongful death can occur when medical professionals, such as doctors, nurses, or hospitals, provide substandard care or make medical errors that lead to a patient’s death.
- Workplace Accidents: Fatal injuries at the workplace may result from unsafe working conditions, lack of proper safety measures, or negligence on the part of the employer.
- Slip and Fall Accidents: Property owners and businesses can be held responsible for wrongful deaths if a fatal slip and fall accident occurs on their premises due to negligence in maintaining safe conditions.
- Defective Products: When a defective product causes a fatal accident, the manufacturer, distributor, or retailer may be held liable for wrongful death.
- Construction Accidents: Construction site accidents can result in wrongful death if they occur due to safety violations, negligence, or inadequate training.
- Nursing Home Abuse or Neglect: Wrongful death claims can arise when residents of nursing homes or assisted living facilities suffer fatal injuries or neglect due to the facility’s failure to provide proper care and attention.
- Boating Accidents: Fatal boating accidents can occur due to the negligence of boat operators, unsafe conditions, or equipment failures.
- Pedestrian Accidents: Fatal accidents involving pedestrians often result from the negligence of drivers who fail to yield the right-of-way or obey traffic laws.
- Intentional Acts: Wrongful deaths can result from intentional actions, such as homicide or assault, and may lead to both criminal charges and civil wrongful death claims.
- Product Liability: Wrongful death cases can stem from products that are inherently dangerous or have inadequate warning labels or instructions, leading to fatal accidents.
- Aviation Accidents: Fatal accidents involving aircraft, including plane crashes or helicopter accidents, may be the result of pilot error, mechanical failure, or other factors.
- Recreational Activities: Activities such as amusement park rides, sporting events, and outdoor adventures can lead to wrongful death if negligence or lack of safety precautions are involved.
- Criminal Acts: Wrongful death can also result from criminal acts, including murder or manslaughter, and may lead to both criminal charges and civil wrongful death claims.
- Swimming Pool Accidents: Drowning or fatal injuries in swimming pools can lead to wrongful death claims if they occur due to a lack of proper safety measures or supervision.
Each wrongful death case is unique, and the circumstances surrounding the accident and the responsible parties can vary. If you believe you have a wrongful death case, it’s essential to consult with an attorney experienced in this area of law to assess your specific situation and legal options.
Premises liability
Premises liability wrongful death is often the foundation of many claims and lawsuits filed in Rhode Island on behalf of survivors. Individuals can die on a premises through negligence by a variety of means including:
- Explosion or fire
- Trip and fall accident / RI Slip and Fall
- Animal attacks including dog bites Attacks or assaults
- Negligent security on the premises
- Swimming pool drowning accident
- Defective stairways
- Malfunctioning elevator or escalator
- Chemical and toxic exposure
Survivors seek justice in RI
The surviving family members of a loved one who died in Rhode Island at the hands of another can file a claim against various entities including a homeowner, property owner, landlord, business, and at times, government agencies (based on certain circumstances).
Filing a RI wrongful death claim is significantly more complex than seeking compensation in other kinds of personal injury litigation. The legal fact that the loved one died on another’s premises is often not adequate evidence to obtain compensation. The survivors must show how dangerous conditions on-site directly correlated with the victim’s death. Because of that, claims are often filed through Rhode Island personal injury attorneys who specialize in RI wrongful death cases.
Hiring a Rhode Island premises Liability Lawyer
The Providence wrongful death lawyers will probably show how the victim was a visitor based on one of three specific criteria that includes:
• The victim was an invitee as someone who had an invitation to visit the property to conduct business or is simply a member of the public, or
• The victim was a licensee as someone who entered and remained on the premises to participate in a commercial interaction, or
• Not a trespasser or someone on the site without permission of the owner, manager or administrator
However, there are specific exceptions and nuances concerning premise liability rules in Rhode Island and Providence Plantations. As an example, children visiting the property without an invitation are usually not considered trespassers if the hazard on-site with serve as a draw to children, like an unsupervised pool.
Surviving family members acting through the executor of the estate’s injury lawyer filing a wrongful death claim can seek compensation for damages for those at fault for the fatal slip and fall or premises liability mishap that could include:
• Specific incident-related pain and suffering experienced by the deceased individual prior to their death
• Any medical expenses incurred by the deceased victim prior to death
• The cost of a funeral and burial
• The loss of expected income no longer available because the victim died
• The value of housecleaning, child rearing or other services that would have been provided had the victim not died
• Loss of companionship, love and consortium
• Loss of nurturing, guidance and care the decedent would have provided others
Negligence of another
The aftermath of dealing with the death of a loved one is often extremely challenging. If your spouse, child, parent or other family member died on the premises of another through negligence, it is essential to retain an experienced Rhode Island wrongful death attorney.
East Providence injury law firm
The administrator of the estate hires can build a successful, strong case to ensure you and other family members receive the financial compensation you need to cover your damages, losses, pain and suffering. Your East Providence personal injury lawyer can file a premises liability claim to hold those at fault accountable for the negligence that killed your loved one.
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