RI and MA Slip and Fall Attorney | Spilled Liquids and Foods

July 29, 2015

Spilled Liquids and Foods Slip & Fall AccidentsSlip and fall accidents in Rhode Island occur anytime an individual suddenly loses their footing. When the unexpected loss of traction is caused by a slippery surface, the victim can easily lose their balance, causing serious injuries. In many incidences, the hazard is the result of negligence where spilled food or liquids are not cleaned up in a timely manner. Spilled or dragged in liquids or foods could include water, mud, ice, snow, juice, gasoline, soda, salad bar foods, oil, milk, grease, fluids. Theses liquid substances can cause floors to be slippery,icy, wet, slimy, icy, glossy and dangerous. There are few things worse then a oily, slimy or wet floor as far as premises liability is concerned. The seriousness of injuries often leaves victims with no choice but to file a suit or claim against all responsible party seeking financial compensation for their damages.

If you were injured in a slip and fall in RI or MA, please contact a Rhode Island slip and fall attorney or a Massachusetts slip and fall lawyer.

These types of personal injury cases in Rhode Island and Providence Plantations and in the Commonwealth of Massachusetts are commonly handled under RI and Mass. premises liability laws that enable the injured party to file for damages when injured on another’s property. These claims are control by legal rules based on the theory of negligence. Even though these claims are commonly referred to as slip and fall incidences, Rhode Island law and Massachusetts actually applies to any type of accident that places the victim in a hazardous condition underfoot. The injuries might be caused by harmful overextending, tripping, stumbling, twisting or nearly any other type of movement due to the hazard.

Filing a Claim in Kent or Newport County Superior Court

Slip and fall accidents in RI AND MA mare caused by spilled liquids or food are typically covered under a homeowner’s property insurance policy or through liability insurance at a commercial establishment. To file a claim or lawsuit, the victim must identify every party at fault for the accident. Responsibility might be on a property owner, commercial tenant or employee whose action or inaction produce the hazard. In many cases, there are additional parties also found at fault. This might be the property manager, landlords, business owners, property owners or others.

If the accident occurred on public property, obtaining compensation might be challenging. This is because local, state and federal governments are notoriously difficult to obtain compensation from. Immunity laws in some states bars individuals from suing them for negligence. However, Rhode Island personal injury attorneys and slip and fall lawyers in RI specializing in slip and fall cases can often find various solutions for suing the governmental agency under limited circumstances.

Proving Liability in Providence Superior Court

The victim is required to prove negligence of all parties responsible for the premises liability accident unless the slip and fall incident is the direct result of the defendant’s intentional conduct. Negligence refers to any defendant’s failure to act reasonably under the specific circumstances. As an example, the victim can reasonably expect that a business or store employee would place a warning sign around any area recently mopped. If there is a lack of barriers, signage or other indicators and the victim slips and falls on the wet surface and suffers injuries, the commercial establishment might be held liable for negligence.

Successful claims for compensation in slip and fall cases are based on what the business, managers, employees or others in charge of the property knew, or should have known. Winning a case for compensation often depends on proving that the defendant knew or should have known the dangerous condition existed and yet took no immediate action. Information about understanding what every defendant knew, or should have known, is commonly acquired during “discovery” where the victim can seek all evidence that might be medical records, surveillance videos, repair log or other items.

Proving liability might require the sworn testimony of witnesses taken through a deposition (a recorded interview).

Hiring a Providence slip and fall Attorney or MA trip and fall negligence lawyers

While a slip and fall claim based on negligence might appear to be a cut and dried case to the victim, these types of claims are complex. Most successful claims require the experience and skill of a reputable RI personal injury attorney who specializes in premises liability claims. Determining negligence of parties thought to be at fault usually requires an extensive in-depth analysis prior to filing a claim or suit.

Hiring an attorney can help. The Massachusetts lawyer can answer questions about proving negligence, filing claims and building a case for recompense. These types of cases are handled on contingency, meaning that you only pay for legal services once your case has been resolved through a negotiated out of court settlement or from a jury award following a successful trial.


Seeking Compensation from Defective Stairways and Stair Collapse Accidents

July 29, 2015

Stair and Stairways Accidents CompensationSuffering an injury caused by a defective stairway accident in Rhode Island can leave permanent physical, emotional and mental scars. These RI accidents can occur from faulty stair treads, broken handrails or a stair collapse caused by a poor design or shoddy construction.

Stairway accidents in Rhode island are extremely common and are often the result of improper design or maintenance. Statistics maintained by the U.S. National Safety Council indicate that nearly nine million individuals in the nation visit emergency rooms every year suffering from an injury caused by slipping and falling, including from accidents occurring on stairways. The most common stairway hazards involve:

• A lack of structural stairway integrity
• Construction that violates local and national building codes
• Design flaw
• Uneven surfaces
• Overused or overcrowded stairs
• Stair step constructed outside the minimum or maximum height and depth as set by accepted variance standards
• Defective handrails
• Handrails installed at the wrong height or built with low-quality materials
• Stairs built with inferior building materials
• Defective or worn stair surfaces
• A lack of inspections
• A lack of quality physical attributes of the stairway and its surrounding environment
• Improper repairs
• Rusted metal or rotting wood
• Slippery stair step surfaces caused by spilt liquids, rain, ice and accumulated snow
• Maintenance issue

Common Stairway Accident Injuries in Rhode Island and Providence Plantations

The injuries caused by a stairway defect or collapse vary by accident from mild harm to death. The most common stairway accident injuries involve:

• Broken arms or legs
• Skull fractures
• Facial lacerations or bruising
• Traumatic brain injury (TBI)
• Pelvic fractures
• Broken nose or teeth
• Spinal cord injury including quadriplegia or paraplegia
• Permanent disfigurement
• Soft tissue injury
• Serious eye wound causing blindness
• Wrongful death

A devastating fall down a defective stairway in Rhode Island can easily lead to a fatality, especially when stairwell debris and the impact of the accident crushes the body, causing brain damage or extensive internal bleeding. In these cases, surviving family members acting through the executor of the estate of the deceased will bring civil action often referred to as a wrongful death cause of action against all parties at fault including the property owner or those in charge of the property.

A Claim for Premises Liability in Providence Superior Court

Owners, site managers and others in charge of the premises in RI are legally responsible for ensuring the well-being and safety of all visitors and employees on the property. This duty of care extends to providing structurally sound stairways and steps. Any breach of this responsibility is considered negligence and can hold those at fault financially accountable for the injuries and deaths that occur as a direct result of an accident.

Victims and surviving family members can file premises liability lawsuits in Rhode Island Superior Courts and claims for compensation against all parties at fault, which could include:

• Property Owners – Owners of the property can be held legally liable if they knew, or should have reasonably expected, that the stairway, stair step or stairwell was unstable and took no action to repair the problem or warn others.

• Landlords – Property owners that rent or lease the premises might be legally liable if the tenant informs the landlord of a hazardous unsafe stairwell and no action is taken to remedy it.

• Business Owners – Companies that own or lease building structures with defective or broken stairways may be liable for any injury resulting from the problem on the business grounds.

• Tenants and Occupiers – Any individual or business renting or occupying a structure has a legal duty to report a defective staircase or hazardous condition on the property. Any failure to report the problem might hold the tenant partially responsible for any other individual’s injury.

Stair collapse and defective stairway accidents in Rhode Island often leave victims with immense financial issues including medical expenses, missed income from time away from work and the loss of the ability to work in the future.

Victim suffering serious injuries in a stair collapse or from a defective stairway usually have the right to seek financial recompense under the state’s tort liability laws. However, these cases are complex and often require the experience of a reputable Rhode Island personal injury attorney to litigate. Having a RI negligence lawyer can ensure that the victim receives adequate recompense for their injuries, disabilities and suffering caused by the negligent action of those in charge of the property.