Comparative negligence
This premises liability and RI slip and fall post was authored by Rhode Island Slip and Fall lawyer, David Slepkow. Please read this RI legal article very carefully. David Slepkow answers the following questions: If I slip and fall as a result of negligence of another person or entity who can be held responsible? What is pure comparative negligence in RI? In Rhode Island where do the most premises liability falls occur?
In Rhode Island where do the most premises liability falls occur?
Slip and falls in Rhode Island most frequently occur in fast food establishments, supermarkets, grocery stores, cafes, bars and hotels. A real estate owner of property as well as occupier or real property could be determined to be a negligent tortfeasor. A liable party could be an LLC, business or a government entity. A high percentage of falls occur at places where food and drinks are served such as restaurants, supermarkets and fast food joints. Slip and fall cases may also result from not shoveling ice or snow from a sidewalk, entrance-way or driveway.
If I slip and fall as a result of negligence of another person or entity who can be held responsible?
The Supreme Court of Rhode Island sitting in the Capital City of Providence declared that “[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 Supreme Court of Rhode Island.Terry S. LIEBERMAN v. BLISS-DORIS REALTY ASSOCIATES, L.P., et al. Decided: April 14, 2003 Present: WILLIAMS, C.J., FLANDERS, GOLDBERG, JJ., and SHEA, J. (Ret.). Glenn R. Friedemann, Providence, for Plaintiff. David H. Stillman, Braintree, MA, and Elizabeth Page Fecteau, East Providence, for Defendant.
Are children and senior citizens prevented from filing slip and fall claims in Rhode Island?
Children and the elderly can file slip and fall lawsuits in Rhode Island
- Victims who re-injure existing conditions still may be compensated for their injuries.(preexisting conditions)
- Property owners owe a duty of due care to all persons who lawfully enter such real property (exceptions for trespasser)
- Everyone with the exception of trespassers should expect that the premises is maintained reasonably in a relatively safe manner.
- So long as the injuries are caused by the negligence of a person or entity, the injured person has the right to seek damages.
- Keep in mind, that if the injured person was acting carelessly or not paying proper attention and that contributed or partially caused the accident than there may be comparative fault involved.
- Also, there is an interesting legal doctrine relating to children who trespass as a result of an attractive nuisance.
- In Rhode Island, a tortfeasor takes a victim as he finds him. You take the injured party as you find them.
- As far as liability in the Ocean State is concerned, RI law does not differentiate solely based on age or pre-existing medical conditions.
What is pure comparative negligence in RI?
“The principle that reduces a plaintiff’s recovery proportionally to the plaintiff’s degree of fault in causing the damage.” lawshelf Comparative negligence is the the law used in negligence cases involving injury when the victim is at least partially at fault for his own injury. Comparative negligence is determined by a jury after a trial on the merits. The jury may determine what percent each party involved in a crash or fall is at fault for the mishap. Rhode island has pure comparative fault. This means that a victim who is more than 50 percent at fault for an accident can still recover damages proportionally to his degree of fault. In Providence, even if an injured person is 94 percent at fault for an accident they are still eligible to obtain damages of 6 percent from the negligent person or entity.
You should contact a RI Slip and Fall lawyer to obtain an initial opinion as to whether or not there was comparative fault involved.
Massachusetts law: Modified comparative negligence
Massachusetts has modified comparative negligence laws. If a victim is more than 50 percent at fault for the accident, the victim can receive no compensation as a result of the accident. Below you will find: Massachusetts personal injury law.
“Contributory negligence shall not bar recovery in any action by any person or legal representative to recover damages for negligence resulting in death or in injury to person or property, if such negligence was not greater than the total amount of negligence attributable to the person or persons against whom recovery is sought, but any damages allowed shall be diminished in proportion to the amount of negligence attributable to the person for whose injury, damage or death recovery is made. In determining by what amount the plaintiff’s damages shall be diminished in such a case, the negligence of each plaintiff shall be compared to the total negligence of all persons against whom recovery is sought. The combined total of the plaintiff’s negligence taken together with all of the negligence of all defendants shall equal one hundred per cent.” https://malegislature.gov/Laws/GeneralLaws/PartIII/TitleII/Chapter231/Section85
Is there an average settlement for slip and fall knee injury?
There is no average settlement for any type of slip and fall. The amount of a settlement depends on the following factors:
- Amount of lost wages
- Amount of medical bills
- length of medical treatment
- permanency of injury- Periods of partial disability and total disability
- Future medical bills
- loss of consortium issues
- Severity of pain and suffering
- Severity of injury
- was there a fracture/ broken bone
- Periods of hospitalization / surgeries
- other factors
Many people are asking the following questions:
- How long does it take to get a workers comp slip and fall settlements?
- The amount of time to settle a case varies from case to case.
- How do I file a slip and fall case against Walmart?
- What are the slip and fall injury types?
- How do I pay my slip and fall attorneys
- Is there a slip and fall settlement calculator?
“The term “premises liability” refers generally to the legal responsibility of the owner and/or occupant of real property for injuries that someone may sustain while on the property due to a dangerous or defective condition that exists there.” Slips, Trips, and Falls A primer for businesses on the law of premises liability
“Develop a written STF prevention policy that specifies both employer and worker responsibilities. (See NIOSH 2010 for an example of developing an STF prevention plan.) Ensure that aisles and passageways are free of clutter and other tripping hazards. Provide proper lighting in all areas indoors and outdoors to reduce shadows, dark areas, and glare so that trip hazards or surface irregularities are clearly visible. Replace burnt out light bulbs promptly. If electrical cords are used on a regular basis, install outlets so that cords do not cross walkways. In grocery stores, ensure that water from produce spray misters is directed onto produce, and is not spraying onto the floor. In grocery stores, provide customers with plastic bags and paper towels for wet produce.” CDC http://www.cdc.gov/niosh/docs/2013-100/pdfs/2013-100.pdf
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