Slip-and-fall injuries are common in businesses with high volume traffic such as restaurants or bars. The floor of a business is often the least attended component of business operations, especially when they are operating on a minimal staff. Even when mats or signs are provided at the door in restaurants and bars in Rhode island and Massachusetts during times of inclement weather, floors can still become messy and neglected quickly. The conditions that create a slip-and-fall injury that were caused by a customer are still the responsibility of the business operator and possibly the property owner. But, these cases are anything but automatic liability premises liability claims. Therefore an injured victim should retain a RI slip and fall lawyer.
Litigating premises liability Negligence claims using a RI Slip and Fall Lawyer
Just as with any other civil lawsuit, it is the responsibility of the plaintiff legal representative (RI slip and fall lawyer) to prove that an injury occurred to their client. Furthermore, the RI Slip and Fall lawyer must also prove that the injury was the result of the respondent’s failure to provide a reasonable duty of care regarding the safety of the plaintiff. For restaurants and bars, just as any other business, that includes a reasonable duty of care to the customers as well as the employees. It is reasonable to assume that some level of negligence has occurred when both tasks are met by the plaintiff Rhode Island personal injury attorney.
Comparative Negligence of the Plaintiff
Any personal injury legal claims will include all parties being assessed for involvement in the accident. The injured plaintiff will initially be evaluated based on the material case facts regarding comparative fault by their own actions. An experienced slip and fall attorney in Rhode Island will help in keeping this percentage as low as possible. Even when it is apparent that the RI accident was the fault of the restaurant owner, some level of comparative fault may be assigned. Rhode Island and Massachusetts are comparative fault state And, in some states they have pure contributory legal doctrine, which means that even a rating of 1% can eliminate legal standing for a injury claim. This is why you need a good slip-and-fall lawyer.
RI Comparative Fault personal injury and wrongful death laws:
RI has pure comparative fault. A fall victim who is determined to be greater than 50 % at fault for a slip and fall in RI may obtain damages and compensation such as pain and suffering, disability, lost wages, medical and surgical bills and permanency. If a slip and fall victim is 94 percent at fault for a fall down at a supermarket, then the victim may collect six percent of his or her damages as a result of the mishap.
§ 9-20-4 Comparative negligence. – In all actions hereafter brought for personal injuries, or where personal injuries have resulted in death, or for injury to property, the fact that the person injured, or the owner of the property or person having control over the property, may not have been in the exercise of due care shall not bar a recovery, but damages shall be diminished by the finder of fact in proportion to the amount of negligence attributable to the person injured, or the owner of the property or the person having control over the property. § 9-20-4 Comparative negligence, http://www.rhodeislandpersonalinjuryattorneyblog.com/2010/09/compartive-negligence-ri/
Commonwealth of MA Comparative Fault Laws:
Massachusetts lawmakers have enacted a modified comparative fault law. G.L. c 231 Section 85 Modified comparative fault in Massachusetts is different from “pure” comparative fault in RI. In Mass., if a seriously injured victim is more than fifty percent at fault for a slip and fall in MA then the injured claimant has no right to recover against the negligent party.
Depending on the state of occurrence, the amount of financial recovery an injured plaintiff may receive is based on their comparative negligence percentage. However, in egregious cases of gross negligence, punitive damages can also be awarded by a sympathetic jury when a claim goes to a full trial. In addition, slip and fall accidents that occur in locations where a restaurant or bar entry door connects to a city street can also be problematic.