This premises liability and RI Slip and Fall Post was authored by Rhode Island and Providence Plantations Slip and Fall lawyer, David Slepkow. Please read this RI legal article very carefully.
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 causes of action 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 as well as premises injury claims in Rhode Island?
In RI 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. victims who re-injure existing conditions still may be compensated for their injuries. 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
What is comparative negligence in RI?
Comparative negligence is the the law used in negligence cases involving injury. Comparative negligence is determined by a jury after a tort trial on the merits. The jury may determine what percent each party involved in a crash or fall is at fault for the mishap. 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 of their damages 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.
Citations and Resources:
“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 By CHARLES HUNT, JD 2004 Volume 7 Issue 1
“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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