Slip and fall accidents, a subset of premises liability cases, occur when an individual slips, trips, or falls due to hazardous conditions on someone else’s property. These accidents can result in serious injuries, including fractures, sprains, head trauma, and even spinal cord injuries. Property owners have a legal responsibility to maintain safe premises for visitors, and failure to do so can result in liability for injuries sustained on their property. PALUMBO LAW will take your legal slip and fall matter seriously and will fight for you to obtain the compensation you may be entitled to.
Common Causes of Slip and Fall Accidents
Slip and fall accidents can happen anywhere, but some common causes include:
- Wet or slippery floors due to spills, leaks, or recent cleaning
- Uneven or cracked sidewalks and walkways
- Poor lighting in stairwells, hallways, or parking lots
- Loose or missing handrails on stairs
- Clutter or debris in walkways
- Torn or frayed carpeting
- Icy or snowy conditions that are not promptly addressed
Legal Framework for Slip and Fall Cases in Rhode Island
In Rhode Island, property owners and occupiers owe a duty of care to ensure their premises are reasonably safe for visitors. The level of care depends on the status of the visitor:
- Invitees: Individuals invited onto the property for commercial purposes (for example, customers in a store) are owed the highest duty of care. Property owners must regularly inspect the premises for hazards and promptly remedy any dangers.
- Licensees: Social guests and others with permission to be on the property are obliged to be warned of known dangers that the owner is aware of, but the visitor may not be.
- Trespassers: Individuals who enter the property without permission are owed a minimal duty of care. Property owners must not willfully cause harm to trespassers.
Proving Negligence
To establish liability in a slip and fall case, the injured party (plaintiff) must prove that the property owner (defendant) was negligent, which involves demonstrating the following elements:
- Duty of Care: The defendant owed a duty of care to the plaintiff.
- Breach of Duty: The defendant breached this duty by failing to maintain the property or warn of hazards.
- Causation: The defendant’s breach of duty caused the plaintiff’s injuries.
- Damages: The plaintiff suffered actual harm or damages due to the fall.
Pure Comparative Negligence
Rhode Island follows the doctrine of pure comparative negligence, which means that if the plaintiff is found to be partially at fault for their injuries, their compensation may be reduced by their percentage of fault. For example, if a plaintiff is awarded $100,000 but found to be 20% at fault, they would receive $80,000. Even if the plaintiff is found to be 70% at fault ( 51 percent or greater), they can still receive 30% of the awarded amount, or $30,000, in this particular example.
Steps to Take After a Slip and Fall Accident
If you have been injured in a slip and fall accident, taking the following steps can help protect your rights and strengthen your case:
- Seek Medical Attention: Your health is the top priority. Get medical treatment for your injuries and keep detailed records of all medical visits, treatments, and expenses.
- Report the Incident: Notify the property owner or manager of the accident and ensure an incident report is filed. Obtain a copy of the report for your records.
- Document the Scene: Take photographs of the hazard that caused your fall, the surrounding area, and your injuries. Collect contact information from any witnesses.
- Preserve Evidence: Keep any clothing or shoes you wore during the accident, as they may be used as evidence.
- Consult an Attorney: Contact an experienced slip and fall attorney to discuss your case and legal options. An attorney can help you navigate the complexities of premises liability law and work to secure fair compensation for your injuries.
Compensation for Slip and Fall Injuries
Victims of slip and fall accidents in Rhode Island may be entitled to compensation for:
- Medical expenses, including past and future treatment
- Lost wages and loss of earning capacity
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
Why Choose PALUMBO LAW
Our law firm has extensive experience handling premises liability/slip and fall cases in Rhode Island. We understand the physical, emotional, and financial toll these accidents can take on victims and their families. Our dedicated legal team will thoroughly investigate your case, gather necessary evidence, and advocate for your rights to ensure you receive the compensation you deserve. PALUMBO LAW is committed to providing personalized, compassionate representation and will be with you every step of the way. If you or a loved one has been injured in a slip and fall accident, contact us today for an initial consultation.
