Wednesday, April 21, 2010

Personal injury - Premises Liability - Slip & Fall Accidents

Question: What is "premises liability" under Rhode Island (RI) law?

Answer: In Rhode Island, Premises liability pertains to the area of law, which attempts to hold a real estate owner or the person in possession of the real estate liable as a result of an accident causing injuries to a person who was using the property.

A premises liability case is a type of personal injury case. The broader term of Premises liability also encompasses "slip and fall" or "Stumble and fall" personal injury accidents. A premises liability claim typically involves the property owners or occupants do not properly maintain the premises in a safe manner. You may also need to know the failure to resolve an unreasonably dangerous conditions on the property, which they either knew or should of. This Law Rhode Iceland article should not substitute for seeking independent legal advice from a RI Personal Injury Lawyer.

The Area premises liability is not limited slip fall on and, but bites also: asbestos exposure, mesothelioma, lead paint exposure, dog, so that inadequate security attacks, sidewalk or roadway deficiencies, poorly lit stairs cases falling debris, falling commodity risks or Hanging, carbon monoxide leaks, Iced input options, slippery floors or disabled, exposed electrical shock from electrical wiring.

What are the most persecuted staff> Injury / Premises Liability slip / trip and fall cases in Rhode Iceland (RI)?

Slip and fall, personal injury cases are the most common types of premises liability lawsuits filed in RI. Many slip and fall accidents caused by substances such as water or food, liquids, foods, fruits, grapes, vegetables, spices, salad, ice, slush and / or oil located on the ground. The substance could be slippery or even tacky. Some slip and fall caused by uneven surfaces mayHoles in the floor or defective conditions on the ground or stairs.

A RI Local personal injury liability case "is limited not only to slip and fall cases, but other injuries as well as dog bites and animal attacks, inadequate lighting, inadequate security, unsafe design or construction

Where do most of the slip and fall cases occur at Rhode Iceland.?

Slip and falls most commonly occur in restaurants, supermarkets,driveways, entranceways, porches, department stores, sidewalks, grocery stores, banks and hospitals. Any owner of property and certain occupiers of the property may be held liable for premises liability including but not limited to corporations, Limited Liability Company (LLC), partnerships, trusts, sole proprietorships, government entities such as cities, towns, or the state itself.

Many of the slip and fall cases are a result of food or liquid on the floor of a supermarket or restaurant. Slip and fall claims also can result from a landowner or occupier failing to take adequate steps to shovel snow, clear ice from an entranceway, remove ice from a sidewalk, driveway or parking lot.

If I slip and fall as a result of negligence of another person or entity who can be held responsible?

The Supreme Court of Rhode Island (RI) stated "[A] landowner has a duty to exercise reasonable care for the safety of persons reasonably expected to be on the premises, and that duty includes an obligation to protect against the risks of a dangerous condition existing on the premises, provided the landowner knows of, or by the exercise of reasonable care would have discovered, the dangerous condition. The burden of proving that sufficient evidence existed to show that the defendants knew or should have known of an unsafe condition on their premises is on the plaintiff." Lieberman v. Bliss-Doris Realty Associates

Children and the elderly are rather slip and fall. Is it more difficult for them to pay damages for their injuries, to recover medical bills, and the pain and suffering?

Answer: No, at Rhode Iceland, take the victim as you find them. As far as liability is concerned, has no right Rhode Iceland taking only age and medical history to differentiate. Even people who aggravate an existing injury are entitled to compensation if negligence is proved.

Property owners owe alllawfully comes upon the premises (with exceptions for trespasser) a duty of due care. Everyone with the exception of trespassers should expect that the premises is maintained reasonably in a relatively safe manner. So long as the injuries are caused by the negligence of a person or entity, the injured person has the right to seek damages.

Keep in mind, that if the injured person was acting carelessly or not paying proper attention and that contributed or partially caused the accident than It may be comparative fault involved. Comparative fault is described below.

Also keep in mind that special legislation on children, burglary, and on the property because of an attractive nuisance to be lured

What is contributory negligence at Rhode Iceland injury law?

Answer: Comparative negligence is the doctrine of Iceland used in personal injury accidents in Rhode. Comparative negligence is a matter of fact,that a jury must determine. The jury must figure out what percent each party involved in the accident is at fault for the accident. In Rhode Island, even if an injured person is 99 percent at fault for an accident they are still eligible to obtain damages of 1 percent from the negligent landowner, corporation or person. You should contact a Rhode Island Personal injury lawyer / attorney to obtain an initial opinion as to whether or not there was comparative fault are involved.

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