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Marasco & Nesselbush Represents People Injured on Unsafe Property in Woonsocket
A serious injury can occur when a property owner ignores a broken stairway, a business fails to clean up a spill, or a landlord leaves a dangerous condition unrepaired.
These premises liability accidents can leave visitors with painful injuries, unexpected medical bills, and time away from work.
Rhode Island premises liability law may hold property owners, businesses, landlords, and other responsible parties liable when they fail to take reasonable steps to keep areas under their control in a reasonably safe condition.
The duty to maintain safe conditions or warn visitors about known hazards depends on the circumstances, including who controls the property and whether the danger was reasonably discoverable.
An injury on someone else’s property does not automatically establish negligence.
To recover compensation, the injured person generally must show that a responsible party owed a duty of care, failed to meet that duty, and caused the injury.
At Marasco & Nesselbush, our Woonsocket premises liability lawyers represent people who suffered injuries in stores, apartment buildings, commercial properties, and other locations where unsafe conditions cause preventable harm.
Since 1999, our firm has represented injured Rhode Islanders and recovered more than $500 million for clients across its practice areas.
Our attorneys have secured substantial settlements in premises liability cases, including a confidential recovery for a Woonsocket man whose supermarket fall caused permanent spinal injuries.
With a Woonsocket office at 603 Park Avenue, we provide local access to an established Rhode Island personal injury firm.
Contact Marasco & Nesselbush for a free consultation about your premises liability claim, or use the chat feature on this page.
We handle qualifying cases on a contingency fee basis, meaning no attorney fee is owed unless compensation is recovered.
Why Choose Marasco & Nesselbush for a Premises Liability Claim in Woonsocket?
Premises liability cases can involve conflicting accounts of an accident, disputed maintenance duties, and serious injuries whose consequences are not immediately clear.
Injury victims need an experienced attorney who can investigate disputed liability, assess long-term losses, and apply Rhode Island premises liability laws to the facts of their case.
Our extensive experience with serious Rhode Island accidents includes cases in which property owners denied responsibility, insurers disputed losses, and expert testimony helped establish how unsafe conditions caused injuries.
Our experience representing people injured on unsafe property includes:
- A settlement for a Woonsocket resident injured at a supermarket: Founding partner Joseph Marasco and attorney Anthony Buglio represented a Woonsocket man who slipped on accumulated liquid at a supermarket and suffered serious lumbar injuries. The case settled on confidential terms. The client required multiple spinal procedures and experienced permanent impairment.
- A $2.9 million Rhode Island landlord settlement: Attorney Thomas Moran secured a $2.9 million settlement after a worker tripped over a board used to prop open a door in a commercial building. The injury led to complex regional pain syndrome (CRPS), extensive treatment, and an inability to return to work. The case involved testimony from medical and human-factors experts, including evidence of a Rhode Island Building Code violation.
- A $6.25 million fatal-fall recovery: Moran also represented the husband of a Massachusetts woman who suffered severe injuries after falling on unrepaired asphalt at a South Carolina adventure park. Expert testimony connected the fall to the injuries and subsequent death, and the case settled for $6.25 million.
- A $1 million child-injury recovery: Our firm’s premises liability results include a $1 million settlement for a child who fell from a window after a landlord failed to maintain the property.
- Established local representation: Our attorneys bring more than 350 years of combined legal experience to the firm, with a Woonsocket office serving injured residents and families throughout northern Rhode Island.
What Types of Premises Liability Cases Do Our Woonsocket Lawyers Handle?
Common types of premises liability cases include slip-and-fall accidents and, in some circumstances, dog bites. Other claims involve defective stairs, unsafe retail displays, assaults, or equipment failures.
A premises liability accident may occur at a business, in a rental building, or on other private property where someone failed to address an unreasonable danger.
Slip and Fall and Trip and Fall Accidents
Spills, tracked-in water, ice, uneven pavement, loose flooring, and objects left in walkways can create dangerous conditions for customers and visitors.
The key questions often concern who created the hazard, whether the person responsible had notice of it, and whether there was a reasonable opportunity to correct it or provide a warning.
Our attorneys also handle Rhode Island slip and fall claims involving snow, ice, and unsafe walking surfaces.
Defective Stairs, Railings, and Building Structures
Loose handrails, deteriorated steps, unsafe balconies, and defective windows can cause injuries even when the person uses the property as intended.
Claims involving these conditions may require inspection reports, repair histories, photographs, engineering analysis, and an assessment of applicable building requirements.
In a rental property, the owner and property manager may have different responsibilities for maintaining a shared stairwell or repairing a dangerous structural feature.
Falling Merchandise and Unsafe Retail Displays
Merchandise stacked too high or placed on unstable shelves can fall on customers without warning.
An investigation may examine the store’s stocking procedures, prior incidents, employee observations, and surveillance footage.
Elevator, Escalator, and Equipment Failures
Faulty elevator doors, unexpected stops, defective escalator steps, and inadequately maintained equipment can cause falls, crushing injuries, or other serious harm.
Responsibility may involve a building owner, a contracted maintenance provider, or a manufacturer, depending on what failed and why.
Negligent Security and Assaults
A business or property owner is not automatically liable whenever someone commits an assault on the premises.
A negligent security claim may arise when an owner fails to provide adequate security despite foreseeable risks, such as repeated entry through a broken door, poor lighting where assaults have previously occurred, or security personnel ignoring reported threats.
Prior incidents, complaints, access-control records, and the connection between the security failure and the attack can be central to assessing responsibility.
The relevant question is what security precautions were reasonably necessary under the circumstances, not whether an owner could have prevented every crime.
Fires, Electrical Hazards, and Swimming Pool Accidents
Swimming pool accidents are a type of premises liability claim, especially when a defective gate, missing barrier, or unsafe pool area creates a drowning risk for a young child.
Exposed wiring, malfunctioning fire alarms, and blocked exits can also expose visitors and residents to serious injury.
These cases may involve fire reports, safety inspections, maintenance records, and questions about whether required safeguards were functioning before the accident.
Dog Bites and Animal Attacks
An animal attack can also raise property-safety questions, but Rhode Island has distinct rules governing dog owner and keeper liability.
Those rules differ depending on where the attack occurred and whether the animal was within the owner’s or keeper’s enclosure.
Our Rhode Island dog bite lawyers address these claims separately.
Injured and not sure what your case is worth? Find out for free.
Who May Be Responsible for an Injury on Unsafe Property?
Ownership is important, but it does not always establish who can be held legally responsible for a dangerous condition.
The party responsible for an injury may be the person or business that possessed, controlled, operated, or maintained the area where the accident occurred.
Depending on the circumstances, potentially responsible parties may include:
- Property owners and landlords: They may be responsible for dangerous conditions in areas they control or for failing to meet applicable maintenance and repair duties.
- Retailers and other businesses: A business may be responsible for spills, displays, obstructions, or equipment hazards created by its operations.
- Property managers: A company responsible for inspections, repairs, or building operations may face liability for negligent performance of those duties.
- Maintenance and security contractors: A contractor may share responsibility when its negligent work or failure to perform an applicable duty contributes to the injury.
- Government entities: Claims involving municipal or state property may be possible, but different legal protections, damages limits, and notice requirements can apply.
A landlord may own an entire commercial building while an individual business controls the merchandise and floor inside its leased space.
Likewise, a management company may be responsible for a building’s shared hallways, but a separate contractor may have been hired to service a defective elevator.
Our attorneys review leases, service contracts, prior complaints, and the parties’ conduct to determine whether the property owner’s negligence or another party’s actions caused the injury and who may be held liable.
What Must Be Proven in a Woonsocket Premises Liability Case?
A property accident is not automatically proof of negligence.
Generally, the injured party must prove that the defendant owed an applicable duty of care, failed to meet that duty, and caused injuries and legally recoverable damages.
The specific duty depends on the parties’ relationship, control of the property, the danger involved, and other circumstances.
Showing That the Responsible Party Knew About the Hazard
In many premises liability cases, an important question is whether the owner or business was aware of the hazard or reasonably should have discovered it through ordinary inspections.
A business may be responsible for failing to address known hazards even if no earlier injuries were reported.
Two forms of notice commonly arise in these claims:
- Actual notice: A manager received a complaint about a broken step, an employee saw liquid on the floor, or maintenance staff documented the problem before the injury.
- Constructive notice: The condition existed long enough, or was sufficiently apparent, that reasonable inspection or maintenance should have discovered it, even without a specific complaint. For example, a deteriorated handrail in a shared stairwell may have been apparent during routine inspections.
Establishing How the Dangerous Condition Caused the Injury
The claim must connect the unsafe condition to the accident and the resulting injuries.
For example, photographs of a damaged stair may demonstrate a defect, but medical records, witness testimony, or other evidence may also be necessary to show that the defect caused the fall.
When the cause is disputed, engineers, medical specialists, or human-factors experts may help explain how the unsafe condition contributed to the accident.
In the firm’s $2.9 million commercial-landlord case, expert analysis addressed why a board placed across a doorway created an unsafe condition and how the resulting fall affected the client’s health and ability to work.
Building Code Violations and Prior Complaints
A violation of an applicable building or housing code may support an allegation that the property was not maintained with reasonable care.
The Woonsocket Building Inspection and Code Enforcement Division, located at City Hall on Main Street, may have relevant public inspection, complaint, or enforcement records concerning a property.
A prior notice of violation may be especially useful when it identifies the same defect that later caused an injury.
How Our Woonsocket Premises Liability Attorneys Investigate a Claim
A serious property injury can involve records held by several different parties, including the property owner, a tenant, a maintenance contractor, or an insurance company.
Our attorneys examine the cause of the injury and the medical and financial consequences while assessing whether the available evidence supports a claim.
Depending on the circumstances, the investigation may include:
- Identifying the responsible parties: Review who owned, occupied, operated, and maintained the property when the accident occurred.
- Preserving the scene evidence: Seek relevant surveillance footage, photographs, incident reports, and witness information before recordings are erased or conditions change.
- Reviewing maintenance practices: Examine cleaning schedules, inspection records, repair requests, prior complaints, and service contracts.
- Assessing safety requirements: Consider building or housing code provisions, industry practices, and technical expert analysis when the condition requires specialized evaluation.
- Documenting the injuries and lost income: Gather treatment records, medical bills, wage statements, missed-overtime records, employment benefits information, and medical opinions about future work restrictions. Documenting these losses helps us assess the full value of a claim rather than relying only on an insurer’s initial offer.
- Managing insurer communications and filings: Respond to insurance correspondence, evaluate settlement offers, prepare legal documents, and track applicable filing and notice deadlines. When a fair resolution is not available, we prepare the claim for litigation.
Rhode Island Laws That Affect Premises Liability Claims
Rhode Island premises liability laws address the duties owed by landlords and other property controllers, the effect of an injured person’s own conduct, and the time available to pursue legal action.
Our attorneys apply Rhode Island’s comparative fault rules and track filing deadlines, including the earlier written notice that may be required for certain public-property claims.
Landlord Duties Under Rhode Island Law
Under R.I. Gen. Laws § 34-18-22, residential landlords subject to the state’s Residential Landlord and Tenant Act must comply with applicable building and housing codes affecting health and safety.
They must also make necessary repairs, keep common areas clean and safe, and maintain supplied systems such as electrical equipment, plumbing, heating, and elevators in good working order.
These obligations can be relevant when a tenant or visitor is injured by a defective stairway, inadequate repairs, or another dangerous condition in a rental building.
Failure to keep covered common areas in a safe condition may support a claim when it results in harm that reasonable maintenance could have prevented.
The statute also requires covered landlords to maintain at least $100,000 in general liability insurance for injuries resulting from their negligence and provide tenants with the policy declaration page at the start of a written tenancy and upon renewal.
That minimum is not a guarantee of payment or a cap on what an injured person may seek in a lawsuit.
Pure Comparative Negligence and Open and Obvious Hazards
Rhode Island follows a pure comparative negligence rule under R.I. Gen. Laws § 9-20-4.
For example, an otherwise recoverable $100,000 award would be reduced to $80,000 if the injured person were found 20% at fault.
Since the law’s 2019 amendment, the fact that a danger was open and obvious does not automatically bar recovery, although the person’s actions may still affect the allocation of fault.
Whether someone acted reasonably may depend on the lighting, available alternatives, warnings, and circumstances immediately before the accident.
Statute of Limitations for a Premises Liability Lawsuit
Under R.I. Gen. Laws § 9-1-14, most Rhode Island personal injury lawsuits must be filed within three years after the cause of action accrues.
For many premises liability injuries, this means three years from the accident date, although exceptions and special circumstances can affect the deadline.
Insurance negotiations and a property owner’s investigation do not necessarily extend the time available to file a lawsuit.
Our attorneys prepare and submit required court filings and track deadlines on behalf of clients, while reviewing whether special notice requirements apply to their claims.
Claims Against the City of Woonsocket or Other Public Entities
Injuries involving public buildings or municipal property can raise different questions from claims against private landlords or businesses.
Rhode Island generally limits damages against a city, town, or fire district to $100,000, with an exception when the entity was engaged in a proprietary function, under R.I. Gen. Laws § 9-31-3.
For certain injuries involving a defective highway, causeway, or bridge that a municipality is legally required to maintain, § 45-15-9 requires written notice to the municipality within 60 days.
Separate rules govern presenting claims to the municipal council and allowing an opportunity for payment before suit.
The 60-day rule does not apply automatically to every accident on government-owned property.
Public parks and recreational land can involve additional defenses under the state’s recreational-use law, depending on the purpose of the property and circumstances of access.
Evidence That Can Support a Woonsocket Premises Liability Claim
Evidence is often most useful when it shows not only what the property looked like after the accident but what the responsible party knew before it occurred.
A spill can be cleaned up, an unsafe board removed, or a railing repaired before an investigator returns to the scene.
Important records and materials may include:
- Photographs and video: Images of the hazard, lighting, warnings, surrounding area, and the accident itself.
- Witness statements: Accounts from customers, tenants, employees, and others who saw the accident or the condition beforehand.
- Incident and maintenance reports: Internal records, cleaning logs, work orders, and earlier complaints documenting the condition and any response.
- Lease agreements and service contracts: Documents showing which parties undertook inspection, maintenance, repair, or security duties.
- Inspection and code-enforcement records: Public or private reports identifying potential safety violations and prior notices.
- Medical and employment documentation: Treatment records, diagnoses, medical costs, lost wages, missed overtime, and restrictions affecting future employment.
- Expert evaluations: Engineering, human-factors, or medical analysis needed to explain a complex defect or serious injury.
Rhode Island’s Rule of Evidence 407 allows evidence of subsequent remedial measures, such as repairs made after an accident, subject to other rules governing admissibility.
A repair can be relevant, but the facts must still establish the responsible party’s duty, negligence, and connection to the injury.
Steps to Take After an Injury on Someone Else’s Property
After a premises liability accident, obtaining medical care and documenting what happened are the priorities.
When it is safe to do so, the following steps can help preserve information for a possible claim.
- Seek medical attention: Obtain emergency treatment when needed and tell the provider how the accident occurred, particularly after a head impact, severe back pain, or difficulty moving.
- Notify the property manager or business: Report the accident and request the incident number or a copy of any written report that can be provided.
- Photograph the hazard: Record the condition, any warning signs, the surrounding area, and visible injuries before the scene changes, if doing so is safe.
- Identify witnesses: Save the names and contact information of people who saw the accident or knew about the unsafe condition.
- Preserve relevant items: Keep the shoes or clothing worn during the accident, medical paperwork, bills, receipts, and communications about the incident.
- Avoid speculating about fault: Give an accurate account of what occurred without guessing about how long the hazard existed or accepting responsibility for facts you cannot verify.
- Speak with a premises liability attorney: Legal review may be useful when injuries are serious, fault is disputed, or evidence and filing deadlines need prompt attention.
If you were taken from the scene by ambulance or could not gather information because of your injuries, surveillance footage, witness accounts, and maintenance records may still be available.
Talk to a lawyer and get a free case evaluation today.
Compensation Available in a Woonsocket Premises Liability Case
A serious fall or other property accident can cause injuries requiring surgery, rehabilitation, prolonged time away from work, or assistance with everyday activities.
Some people recover without lasting restrictions, while others face persistent pain, disability, or the need for future medical treatment.
Depending on the facts, a premises liability claim may seek compensation for damages caused by the injury, including:
- Past and future medical expenses: Emergency treatment, hospitalization, operations, medication, physical therapy, and reasonably supported future medical costs.
- Lost wages and income: Pay missed during recovery, including documented overtime, reduced working hours, and other employment-related earnings where recoverable.
- Reduced earning capacity: Financial losses when lasting injuries prevent a return to the same type or amount of work.
- Pain and suffering: Physical pain, mental anguish, emotional distress, and diminished enjoyment of life attributable to the injury.
- Permanent disability or disfigurement: Long-term limitations, scarring, and loss of independence associated with the accident.
- Other damages and expenses: Necessary assistance, assistive devices, and other compensable costs resulting from the injury.
A settlement release may prevent further recovery from the parties being released, even if additional treatment becomes necessary later.
Documenting all lost income and reasonably anticipated medical needs helps our attorneys evaluate an offer and pursue rightful compensation, rather than accepting a figure that overlooks major future losses.
When a fatal property accident results from legally actionable negligence, the family may have grounds to pursue a wrongful death claim through the appropriate representative.
How Much Does a Woonsocket Premises Liability Lawyer Cost?
Marasco & Nesselbush offers free consultations and handles qualifying premises liability claims on a contingency fee basis.
This means clients do not owe attorney fees unless compensation is recovered through a settlement or judgment.
Court filing fees, expert costs, and other case expenses are separate from attorney fees and should be discussed in the written representation agreement, including how those expenses are handled if there is no recovery.
Contact Our Woonsocket Premises Liability Lawyers for a Free Consultation
A dangerous property condition can leave an injured person facing months of medical care and uncertainty about which owner, business, or contractor should be held responsible.
Marasco & Nesselbush has represented injured Rhode Islanders since 1999, with documented premises liability recoveries involving commercial landlords, unsafe walking surfaces, and catastrophic injuries.
Our Woonsocket office at 603 Park Avenue serves residents of the city and surrounding northern Rhode Island communities.
We investigate the cause of the injury, evaluate the parties responsible for the condition, and pursue compensation supported by the evidence and Rhode Island law.
Our attorneys manage insurer communications and legal filings so clients can concentrate on medical treatment while we work to protect their claim.
Contact Marasco & Nesselbush for a free consultation about your premises liability claim, or use the chat feature on this page.
