Property owners in Rhode island and Massachusetts are legally bound to keep their premises secure to ensure that all visitors, guests, occupants and tenants remain safe at all times. Whenever the property becomes hazardous or unsafe, the property owner, site manager or others in charge of the premises are responsible to repair the condition, barricade the hazard or warn others of the danger. Any breach of that responsibility can hold them legally liable if an injury or fatality accident occurs.
Claims and lawsuits involving premises liability in RI and MA typically arise when an individual is injured or killed on the property belonging to another. This is true on both residential and commercial property. Victims and surviving family members in Providence and Boston can take legal civil action against every party at fault for their negligence, carelessness, recklessness or inattention to the problem. Most Rhode Island and Mass. premises liability lawsuits involve:
• An unsafe environment
• Negligent security that creates the opportunity for criminal activities
• Serious slip and fall accident
• Animal attack and dog bite
• Construction site accident
• Escalator or elevator mishap
• Broken walkways and unrepaired crumbling sidewalks
• Electrical shock and electrocution
• Exposure to asbestos, mold or other hazardous condition
• Water hazard that causes a drowning
• Collapsing decks, balconies and porches
• Greasy surface or slippery floor
• Lack of proper lighting
• Falling object, debris or merchandise from heights
• Unsafe or hazardous conditions and environments in the workplace that could include a movie theater, garage, office complex, mall, theme park or other commercial venue
Proving a Case for compensation in Rhode Island and Providence Plantations and the Commonwealth of Massachusetts
While it might be obvious to surviving family members what took the life of their loved one involved in a fatal premises liability or slip and fall case, these types of claims for compensation are challenging to litigate. This is because most cases involving premises liability are complex and usually depend on proving specific elements including:
• A dangerous condition existed.
• The property owner, site manager or others were aware of the problem, or should have expected it to exist.
• There was a lack of adequate warning signs posted in the area.
• No action was taken to remedy the problem in a timely manner.
• There is a direct link between the lack of remedy or posted signs and the death of the victim.
• The death of a loved one financially impacts the remaining surviving family members.
• The financial losses and damages experienced by the victim’s survivors are real.
Obtaining Compensation in a Rhode Island wrongful death claim or a MA fatal fall accident
Many wrongful death claims and lawsuits involving fatal premises liability accidents are settled out of court after being negotiated by a successful Rhode Island personal injury attorney or Massachusetts wrongful death lawyers . However, in some cases, insurance companies are unwilling to make a financial offer to settle the case at an amount deserved by the surviving family members. When this occurs, the wrongful death law firm will file a lawsuit representing the executor of the estate on behalf of the survivors and build the case to take to jury trial.
Effective RIpersonal injury attorneys or MA slip and fall lawyers will aggressively represent the deceased victim’s family members to ensure maximum compensation is obtained in a jury award after a successful trial. The compensation can cover expenses including:
• Medical bills including hospitalization, ambulance costs and other bills attributed to the victim prior to their death.
• The loss of services and financial support no longer available by the decedent.
• The loss of companionship, friendship and consortium.
• The costs of the victim’s funeral and burial.
• Intangible damage including pain, suffering, mental anguish, emotional trauma and grief.
It is important to note that acting quickly is important. A wrongful death lawsuit in Rhode Island or Massachusetts must be filed before the state’s statute of limitations expires. These types of cases are handled on a contingency fee basis. This means that the RI premises liability lawyer will provide legal services including file a claim, build the case, negotiate a settlement and represent surviving family members at trial without the need of paying upfront fees.
It is essential to schedule a consultation with a skilled Rhode Island wrongful death attorney right away. Most Massachusetts premises liability accident lawyers and RI slip and fall attorneys provide an initial free evaluation of the case. The law firm can offer various legal options on the best way to proceed to obtain financial compensation from every party at fault.
Legal Notice per Rules of Professional Responsibility: The Rhode Island Supreme Court licenses all lawyers and attorneys in the general practice of law, but does not license or certify any lawyer / attorney as an expert or specialist in any field of practice. While this firm maintains joint responsibility, most cases of this type are referred to other attorneys for principle responsibility.