Rhode Island and Massachusetts Premises Liability articles by Rhode Island and Massachusetts slip and fall and Premises Liability attorney, David Slepkow 401-437-1100
Hiring a Rhode Island Slip and Fall Personal Injury Attorney
Sometimes, serious injuries arise when slipping and falling down a flight of stairs, on wet or slippery floors, icy sidewalks, or poorly maintained areas. But who is legally at fault for causing injury in a slip fall accident? Usually, the property owner and management can be held responsible for causing an accident on the premises. However, tort law concerning premises liability is complex and often requires the skills of a reputable slip fall personal injury attorney to ensure adequate compensation is obtained.
Slip and fall accidents in RI can happen for a variety of reasons, both indoors and out. Most claims involve:
• Icy or wet outdoor pathways, walkways, parking lots and stairs
• Slippery interior and exterior surfaces
• Building code violations including faulty handrails, stair steps built at improper heights or uneven surfaces
Proving Legal Responsibility
Determining legal responsibility in a Rhode Island slip and fall personal injury case requires proof that one of three specific conditions occurred. These conditions include:
1. The employee, management, or premises owner must have been aware of the dangerous area or surface but took no action to correct the problem
2. The action of the employee, management or premises owner caused the condition that could include dangerous surfaces, slippery areas, worn spots or spills
3. The employee, management or premises owner can be deemed negligent because they should have discovered the problem and removed or repaired it, or safeguarded the public from the danger, as any reasonable individual would.
The majority of Providence slip fall personal injury cases fall under the third category, because of its ambiguity compared to the first two.
Filing a Rhode Island premises Liability Claim
A skilled Providence Slip and Fall attorney will determine whether or not the slip and fall victim has a potential lawsuit or claim against the property owner, management or employee. Simply falling in a business establishment or on another’s property might not indicate that the accident was caused by negligence.
It must be proven that there was an unsafe condition and that the condition caused injury or damage. To be successful at winning a case for financial compensation, negligence must be proven, and that the negligence directly correlates to the victim’s injuries.
The Need for a Rhode Island Personal Injury Attorney
Typically, the insurance carrier that insures the property owner will look for any way out of paying the claim for injuries incurred in a slip and fall accident. Usually, the claims adjuster will attempt to push the blame onto the victim as a way to minimize the settlement payout. Because of that, it is essential to hire a reputable East Providence personal injury attorney that specializes in slip fall cases.
A skilled RI Negligence attorney will be able to build the case on collected evidence, eyewitness accounts and expert testimony. An experienced personal injury lawyer can show that it was not the carelessness of the victim, but negligence on behalf of the premise owners and/or their employees.
Skilled Warwick personal injury attorneys that handle slip fall cases will file a claim or lawsuit against all responsible parties to obtain the maximum financial compensation for the victim. Liability can extend from the business owners to landlords, renters, and homeowners that do not properly maintain the premises, which leads to serious injuries in a slip and fall accident.
Duty of Businesses to clear Ice and Snow:
This rule, as we apply it, provides that a landlord or business invitor owes a duty to a tenant or business invitee 1292*1292 ”to use reasonable care to see that the common areas are kept reasonably safe from the dangers created by an accumulation of snow and ice which is attributed to purely natural causes.” Id. at 772, 279 A.2d at 440 (adopting the Connecticut Rule in the landlord-tenant context); see also Terry v. Central Auto Radiators, Inc., 732 A.2d 713, 716 (R.I.1999) (extending rule to business invitor-invitee relationship). The landlord or invitor, however, must be afforded “a reasonable time after the storm has ceased to remove the accumulation.”Benaski, 899 A.2d at 503 (quoting Fuller, 108 R.I. at 774, 279 A.2d at 441). Therefore, as a general rule, any duty to clear a natural accumulation of ice and snow is not triggered before a reasonable time after the storm ends. Id. Under unusual circumstances, however, the duty to remove the accumulation may arise before the end of the storm. Terry, 732 A.2d at 717.” Quote from : BERARDIS v. LOUANGXAY et al 969 A.2d 1288 (2009
Some reasons for hiring the services of a accident lawyer, Rhode island Slip and Fall or attorney have been listed above, but cases where you should definitely consider consulting an accident attorney or lawyer are when you think your claim may be more valuable than the other party considers; your claim has been denied for what seem to be invalid reasons; you have been seriously injured and unable to perform usual daily functions; your medical bills are high; you face a permanent disability; you are not sure who is liable for injuries sustained; you are unsure of time limits by when to initiate or settle an accident law claim; you are being offered something other than a lump-sum payment; you are unsure of how to prove elements of the claim such as lost wages; you are not confident in being able to negotiate the best settlement on your own; the circumstances resulting in the accident, injury or death are very complex; and/or you are being sued by another party. To assist you in locating a competent US accident lawyer or attorney, this website has two directories of law firm listings, one arranged by US state, the other by major US city.
Accident Lawyers & Attorneys in the United States
The United States has hundreds of qualified accident lawyers and attorneys spread across the entire country. These numbers are ever increasing, as the citizens of the United States become more and more conscious of the perils and pitfalls of attempting to negotiate directly with insurance companies a settlement to which they are entitled to. Insurance companies have in-house teams of accident lawyers and attorneys who specialize in limiting the amounts that their insurance companies have to pay to their customers, and often resort to unfair and unethical means to avoid having to pay out a claim at all. It has become necessary for the ordinary American to take on an accident attorney or lawyer in order to protect themselves. However, the level of expertise of each accident lawyer or attorney is not the same, so care should be taken to choose a competent accident attorney or lawyer who has a proven track record in the specialized area that matches your particular case. Now every major city in the United States has accident lawyers and accident attorneys who specialize in using their experience in assisting you settle your accident, personal injury or wrongful death claim both quickly and satisfactorily.
A leading cause of injuries to customers and employees in a supermarket are slip and fall accidents. Each year, thousands of customers are injured in supermarkets in the United States and Rhode Island.
While you are shopping at your favorite supermarket, the owners of the store have the legal duty to keep you safe. They must make every provision possible to keep you from being injured in their store.
Common Supermarket Slip and Fall Injuries
Many customers are not aware of the potential hazards that are present inside a grocery store. There are several conditions that could cause a slip and fall injury.
- Falling Objects (Signs, Ceiling Tiles)
- Spilled Foods or Liquids
- Escalators or Stairs
- Protruding Objects
- Store Construction
- Uneven Floors
- Violation of Building Codes
- Icy and Snowy Parking Lots or Sidewalks
Supermarket Liability in Rhode Island and Providence Plantations
If you slip and fall in a supermarket, it does not automatically mean that the owner will be found liable for your injury. Injured parties will have to hire a Rhode Island injury attorney to assist them with proving liability.
Although stores are legally required to keep you safe, the task of proving liability is on the injured party. The counsel of the injured party must prove the following three conditions.
1. An employee of the supermarket or the supermarket was the cause of the dangerous condition.
2. The supermarket had knowledge of the dangerous condition but did not correct the condition.
3. The supermarket or its employees should have reasonably known of the dangerous condition if they acted reasonably
In order to prove liability, several determinations must be made. How long have the dangerous conditions been present? Did the supermarket post signs to warn of potential dangers? Does the supermarket have a plan in place to routinely inspect slippery surfaces? Was there an object that caused you to slip? What was the reason the object was on the floor?
Steps to Take After a Slip and Fall in Warwick, Cranston or Cumberland
If you fall in a supermarket, you must act quickly. Take pictures of the area in which the injury occured. Document the names of any witnesses including store employees. File an injury claim with the store manager. Seek medical treatment for your injuries. Contact a reputable personal injury attorney in Rhode Island. An RI slip and fall attorney can assess the facts surrounding your case to determine its validity.
Legal Notice per Rules of Professional Responsibility: The Rhode Island Supreme Court licenses all lawyers and attorneys in the general practice of law, but does not license or certify any lawyer / attorney as an expert or specialist in any field of practice. While this firm maintains joint responsibility, most cases of this type are referred to other attorneys for principle responsibility.
Slip and Fall Posts from other States
Note: Our RI and MA lawyers are licensed to practice law in Rhode island (RI) and Massachusetts (MA). The information set forth in this legal injury and slip and fall blog is not intended to solicit or obtain clients for legal matters outside of the states Massachusetts (Mass) and Rhode Island although if you were injured in a crash, accident, collision or as a result of the negligence of another then , we have developed relationships with other personal injury and car accident lawyers and attorneys across the United States.