Many people believe a simple slip and fall could result in a big payday. That is not always the case, although there are certain occasions when a slip and fall on someone else’s property could land you a large amount of compensation.
After any slip and fall, there needs to be a determination of whether or not reasonable action should be taken. This is the first fact-finding endeavor in any premises liability lawsuit.
To first determine the necessity for reasonable action to be taken, the injured person cannot be a trespasser. Illegally entering someone’s property will disqualify you from filing a lawsuit. Next, there needs to be a determination as to whether or not your injury was foreseeable prior to the incident.
Once reasonable action is determined, it’s then time for your Providence premises liability attorney to prove your claim. The defense will likely counter by claiming comparative negligence, which means the injured person showed some negligence and contributed directly to their injuries.
Nevertheless, the jury must decide that a person is 100% at fault for that comparative negligence. If even 1% of the blame falls on the property owner, the jury must rule in favor of the plaintiff.
Property owners are responsible to provide safe surfaces for those who lawfully enter onto their property. It is irrelevant whether the property is open to the public of a more restrictive nature. All property owners need to either repair defects or warn people about them.
Negligence on their part would be due to things like uneven surfaces, excess ice, debris on the floor or other kinds of defective conditions. These are the primary causes for slip and falls, which are the most common reason for premises liability lawsuits in Rhode Island.
Slip and fall accidents can occur in many different places such as retail stores, apartment buildings and construction sites. Victims span all ages as there is no particular demographic that is exempt from this accident.
If you or someone you know has experienced a recent slip and fall, there may be a need to file a Rhode Island premises liability lawsuit. The Law Firm of Calvino Law Associates is staffed with an experienced team of personal injury attorneys. Serving Providence and the neighboring communities, one of our qualified lawyers can help bring you the compensation you deserve.