Providence Slip & Fall Attorneys - Providence Trip & Fall Attorneys

What is Premises Liability and how can a Providence Slip & Fall accident affect you?

In layman's terms, a "slip and fall" or "trip and fall" injury refers to an accident that results in personal injury on the property of another, usually due to some negligent maintenance or construction of the property or structures thereon. However, in a legal sense, these types of injuries fall under a broad body of law known as Premises Liability. Other common types of premises liability cases involve accidents such as falling merchandise not adequately secured by a store owner, or a dangerous condition on land, left open to children, or to the public without an adequate warning. These types of accidents occur due to the negligence of Providence landowners and store owners across Providence County. If you have been injured in a Metro Providence Slip & Fall accident, contact an experienced Rhode Island Slip & Fall lawyer today.

Why should you hire a Providence Slip & Fall Injury Attorney?

Providence personal injury lawyers cover slip and fall litigation because cases in this area center around the issue of negligence. The need to hire a knowledgeable Providence slip and fall personal injury attorney to get fair compensation in a Providence premises liability case is absolutely critical due to intricacies in this body of law. A well-qualified and experienced Providence premises liability lawyer will be experienced with this difficult area of law and know how best to navigate the legal system to your advantage.

How long do you have to contact a Providence Slip & Fall Attorney?

In Rhode Island, a "Statute of Limitations" sets a deadline for filing personal injury actions, such as premises liability claims, so you should contact a Providence premises liability lawyer well before the deadline. Under a Statute of Limitations, you must pursue your cause of action before the time limit has expired, or else you will most likely be legally barred from seeking recovery for your injuries. Regardless of whether the victim is an "invitee," "licensee," or "trespasser" on the property (see discussion below), Rhode Island's statute of limitations provides that all premises liability claims must be brought within three (3) years.

Please note that the information provided on this page is only a summary of Rhode Island Slip and Fall law. As with all areas of law, the answers to the above questions are subject to change from Congressional tort reform and judicial interpretation of these laws in their rulings. As such, you should not rely on the answers provided above as legal advice.  For an analysis of your claim, please contact a Providence premises liability attorney immediately to make sure that your personal injury claim is filed before time runs out!

  Providence Premises Liability Law - The Basics

When someone slips and falls on someone else's land and sustains a personal injury, they may be entitled to monetary compensation if a dangerous or preventable condition is to blame. Providence, RI landowners, store owners, and other individuals responsible for maintaining a premises may have a duty to make that place safe, particularly if they invite customers in for business or if there is an "attractive nuisance" on the property that may lure children onto the land. If you or a loved one has been injured due to a slip and fall accident or another accident caused by a dangerous condition, a Providence slip and fall attorney can help you get the compensation you deserve.

As noted, premises liability actions are based in negligence, or legal fault. The injury must be "caused" by a "condition" upon the land (or building located upon the land) at issue. To be liable for negligence under Rhode Island law, there must be:

     (1) a duty that exists between the injured party and the negligent party;
     (2) a breach of that duty; and
     (3) the negligence must be the "proximate cause," or legal cause, of the victim's injuries.

Since there are a variety of ways that a person can enter upon the premises of another, the duty the property owner owes will vary according to the facts of each case. For example, when someone goes to a Providence area Wal-Mart to get their shopping done or the Dunkin' Donuts Center to see a game, they are clearly being "invited" upon the premises. This person is called a "business invitee," and the duty owed by Wal-Mart, the Dunkin' Donuts Center, Providence Place Mall, or any other type of business that seeks walk-in customers is the duty owed to an invitee. Compare those facts to the duty owed to someone that you do not want on your land, such as a trespasser. Obviously, Rhode Island landowners owe a lesser duty to trespassers than to business invitees. There is also a separate duty owed to visitors known as licensees, who are usually guests that do not directly benefit the landowner. Social guests are probably the most common type of licensee you will encounter in a Providence premises liability case. Additionally, children may be owed a higher duty of care in some situations. You can readily see why the duty owed changes based upon each set of facts presented, and how complicated Providence, RI premises liability cases can become. This is just part of the reason why a Providence Premises Liability Lawyer is essential to help you win your case. A summary of the duties in the state of Rhode Island are as follows:

1. Invitee: Rhode Island Law defines an invitee as a person whose presence is of mutual benefit to that individual and the property owner. A typical example of an invitee-landowner relationship is that of a store owner and customer relationship. Under Rhode Island law, a property owner is held liable for any injuries suffered by an invitee due to the landowners failure to exercise ordinary care in keeping his or her property safe. Thus, if the property owner could have foreseen that the individual injured could have been injured in such a manner, then the landowner will likely be held liable. As a result, Rhode Island law requires property owners to inspect their property to discover potential dangerous conditions. If the injury-causing condition could not have been discovered through reasonable inspection, the landowner owes no duty to warn or eliminate the danger;
2.  Licensee: A licensee is a person who is on the premises with the permission of the possessor for a personal reason. Examples of licensees include guests or public servants (e.g. police, fireman, E.M.S.). Such individuals are on the premises only because the possessor has allowed them to enter and not because of any business or contractual relationship.  Under Rhode Island law, a landowner is liable to a licensee if the licensee is injured due to the willful conduct of the landowner, or if the landowner fails to exercise ordinary care in the conduct of dangerous activities;
3. Trespasser: A trespasser, under the law, is a person who is on the property of another without any right, lawful authority, or express or implied invitation, permission, or license, and not in the performance of any duty for the owner or person in charge. A trespasser enters property merely for his own purpose, pleasure, convenience, or out of curiosity, and without enforcement, allurement, inducement, or express or implied assurance of safety from the owner or person in charge. Under Rhode Island law, a property owner owes no duty to a trespasser to keep their property in safe condition. However, the law provides an important exception to property trespasser laws. This major exception to trespasser law is the Attractive Nuisance Doctrine. Under this doctrine, a property owner is liable when an artificial condition leads to the injury of a child. For further explanation of this doctrine and a landowner's duty to a trespasser, please contact one of the Providence slip and fall lawyers on this site.

Not only must the Providence trip and fall lawyer determine the duty owed, but he or she must also prove that the defendant had control of the premises. If proving a premises liability case weren't already challenging enough, the Providence Slip & Fall Attorney must also combat several defenses afforded to a landowner under Rhode Island state law. For instance, a Providence property owner can argue that the injured party failed to exercise ordinary care for their own safety. If the injured person failed to exercise ordinary care, then, depending on their relationship to the landowner, whether they are a licensee, invitee, or trespasser, will determine whether the injured persons recovery is barred or diminished. Furthermore, landowners can assert the Plain View Doctrine as a defense. Under this doctrine, an invitee has the duty to look where he is walking and to avoid dangers that are in plain view. Finally, the Rhode Island property owner can argue the "assumption of risk" defense. Here, the landowner argues that the injured person assumed the risk of being injured when he was on the landowner's property. 

For these reasons, it is important that Providence premises liability accident victims retain the services of an experienced Rhode Island personal injury attorney who will zealously pursue their case. Money is the last thing you should be worrying about after a serious injury, and a Providence premises liability lawyer can help you get the maximum recovery possible under the law so that you can rest assured that your family will be provided for during your recovery.

Criminal Acts of Rape, Assault, and Murder - Is the Land Owner or Occupier Liable?

As explained above, most premises liability cases are based in negligence. Sometimes, however, a different issue arises when it is the intentional acts of third parties that injure people on areas such as apartment properties, mall parking lots, drive-thru lanes at fast food restaurants, ATM machines, or the like. Unfortunately, intentional acts such as these occur in Providence, Providence County, and other metro Providence areas more often than many of us realize. In these cases, the legal issue turns upon whether the action that gave rise to the victim's injury was foreseeable and whether reasonable steps could have been taken to prevent such activity on their property. Essentially, the relevant question is whether the Providence property-owner could have done anything to make the area more safe that might have prevented the crime from occurring in the first place. 

This is necessarily a fact-specific question that requires intensive fact-finding and research by the Providence premises liability attorney. Metro Providence accident lawyers often need to research the criminal complaints or calls made to the Providence Police Department regarding the particular piece of property at issue. Also, there may have been a number of "property crimes" in an area, such as car break-ins, but no violent crime calls. Thus, if someone is raped or beaten for the first time in an area, it may be hard to hold the defendant-property owner liable despite the calls made to the police regarding car break-ins. A qualified Providence premises liability attorney, however, will work hard to make the necessarily legal arguments on your behalf and get you the settlement or award you deserve.  

Providence personal injury lawyers are experienced in handling slip & fall premises liability cases in both federal and state courts across Metro Providence. Just a few of the many courts in which Providence  injury lawyers typically try cases are:

Hospitals in the Providence area:

How can you find a quality Providence Personal Injury Attorney or Providence Premises Liability Lawyer near you?

Serving clients throughout Eastern New Hampshire, including Allenton, Ashaway, Attleboro, Bayside, Boston, Bradford, Cambridge, Chepachet, Cranston, Cumberland Hill, East Greenwich, Exeter, Fort Ninigret, Greenville, Harrisville, Hartford, Hope Valley, Kingston, Misquamicut, New Haven, Nooseneck, North Scituate, North Swansea, Pawtucket, Perryville, Providence, Rumford, Shannock, Springfield, Usquepaug, Valley Falls, Wakefield, Warwick, Washington, West Warwick, Westerly, Wood River Junction, Woonsocket, Worcestor, areas in the vicinity of Theodore Francis Green Memorial State Airport, and other communities in Providence County.

Act now and call one of the experienced Providence Slip & Fall Lawyers listed on this page today for a thorough discussion of your claims.