Slip 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.