Rhode Island Premises Liability Lawyer

Negligent actions can create dangerous situations in public areas or private property where you’re supposed to be safe. When owners or tenants fail to fix hazards at their properties, and you or a loved one are injured, you deserve to see the responsible parties held accountable. The Rhode Island premises liability lawyers at Marasco & Nesselbush are here to discuss your case and help you receive the compensation you deserve.

When on public or private property, you shouldn’t have to worry about suffering any harm due to negligence. If the property owner or manager fails to take reasonable measures against unsafe conditions such as slippery sidewalks or potholes, however, you could be at risk. When these hazards lead to injury, the results can be devastating. For instance, you may suffer from physical trauma, medical bills, and potentially long-lasting physical and financial repercussions.

It may be too late to turn back the clock and prevent your suffering, but you can at least hold someone accountable. Our legal team treats each client with dignity, respect, kindness, and compassion, while we work vigorously to advocate and favorably resolve your case.

How A Rhode Island Premises Liability Lawyer Can Help

Navigating premises liability cases can be complex, which is why hiring a Rhode Island premises liability lawyer can be beneficial. Here’s how they can help:

Expertise in Rhode Island Laws

A Rhode Island premises liability lawyer is well-versed in the specific laws and regulations of the state. They understand the nuances of premises liability cases and can effectively interpret how local statutes apply to your situation.

Comprehensive Case Evaluation

Lawyers conduct a thorough evaluation of your case, including gathering evidence, reviewing incident reports, and assessing the extent of your injuries. This comprehensive assessment helps in building a strong case for compensation.

Establishing Liability

Proving liability in premises liability cases can be challenging. A skilled lawyer will work to demonstrate that the property owner’s negligence led to your injuries. This involves collecting evidence such as photographs, witness statements, and maintenance records.

Negotiating with Insurance Companies

Insurance companies often aim to minimize payouts. A premises liability lawyer has the experience to negotiate effectively with insurers to ensure you receive a fair settlement that covers medical expenses, lost wages, and other damages.

Representing You in Court

If a fair settlement cannot be reached, your lawyer will represent you in court. They will present your case, cross-examine witnesses, and argue on your behalf to seek the compensation you deserve.

An experienced premises liability lawyer will strive to maximize your compensation by considering all potential damages, including medical bills, lost income, pain and suffering, and future medical needs.

The premises liability lawyers at Marasco & Nesselbush are highly experienced. Boasting a strong track record, our team will fight to secure the damages you deserve. We’ve achieved many successful verdicts and settlements on behalf of our Rhode Island clients, including these legal victories:

$1 million recovered after a child fell from a second-floor window and suffered a severe brain injury.

$375,000 recovered on behalf of a client who hurt her back due to a slip-and-fall accident at a supermarket.
$275,000 recovered after an assault and fall at a nightclub led to a traumatic brain injury.
Over $200,000 recovered from a hotel company after guests were exposed to Legionella bacteria.

What Is Premises Liability?

As defined by the National Trial Lawyers, premises liability refers to the principle that property owners or tenants are responsible when someone on their property gets hurt due to a dangerous condition. Because of premises liability, property owners are responsible for ensuring that guests are reasonably safe and secure.

This responsibility applies to both public and private property owners, as well as certain tenants. If a property is owned by one party but maintained by the tenant, that tenant may be responsible if an accident occurs. For example, while an icy parking lot may be the responsibility of the building owner, dangerous conditions right outside a tenant’s door could be their responsibility.

If injuries occur because the property was negligently maintained or insufficiently secure, the owner or tenant may be found liable. It is up to the claimant’s lawyers and representatives to prove that the property owner realized (or should have reasonably known) that hazards existed but did not take steps

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Content Reviewed by:

Jane Duket

Jane R. Duket is an associate attorney with Marasco & Nesselbush, specializing in personal injury and medical malpractice.

Types Of Injuries You Can Sustain In A Premises Liability Accident In Rhode Island

Premises liability accidents can result in a wide range of injuries, varying in severity. Here are some common injuries that can occur in such cases:

Broken Bones

Broken bones can occur from slips, falls, or other impacts, leading to severe pain and long-term mobility issues.

Fractures

Fractures, including hairline and compound fractures, often result from falls or structural collapses, requiring extensive medical treatment and recovery time.

Traumatic Brain Injuries and Head Trauma

Traumatic brain injuries and head trauma can result from falls or being struck by objects, potentially leading to long-term cognitive and physical impairments.

Spinal Cord Injuries

Spinal cord injuries can result in partial or complete paralysis, significantly impacting the victim’s quality of life and requiring lifelong care.

Back and Neck Injuries

Back and neck injuries, such as herniated discs or whiplash, are common in falls and can cause chronic pain and limited mobility.

Dislocated Joints

Dislocated joints, often occurring in shoulders, knees, or hips, can result from falls or sudden impacts, leading to significant pain and the need for medical intervention.

Internal Injuries

Internal injuries, such as organ damage or internal bleeding, can occur from severe impacts or falls, requiring immediate medical attention and potentially life-saving procedures.

Who Could Be Held Liable In A Rhode Island Premises Liability Case?

Premises liability applies to property owners as well as some tenants. Property managers may also be held liable, as it is their responsibility to oversee the day-to-day care and maintenance of the property in question.

Liability depends, to some extent, on the legal status of the visitor. If that individual has been invited onto the owner’s property, it’s assumed that the owner is responsible for keeping them safe.

In matters of trespassing, the property owner can still be held liable under certain conditions. Property owners are not allowed to set traps or create intentionally dangerous conditions and can be held liable if a trespasser injures themselves due to these situations.

What Damages Can I Seek In A Premises Liability Case?

If you’ve suffered an injury after an accident on a Rhode Island premises, you may be eligible for compensation. The damages you may be awarded are divided into three main categories:

Economic Damages

You can get compensation for economic damages if you incurred specifiable expenses from your premises liability injury. These could involve past, current, or future expenses, such as hospital bills or the anticipated cost of physical therapy. Lost wages also fall under this category, as you may not immediately, or ever, be able to resume tasks at work due to your injuries.

Non-Economic Damages

Non-economic damages account for the many forms of suffering that don’t initially appear to have a specific cost attached. These subjective concerns may include pain and suffering or loss of consortium. Non-economic damages prioritize the emotional components of premises liability, which can greatly impact your quality of life.

Punitive Damages

When incidents occur due to extreme recklessness, punitive damages may be available. These are meant to punish negligent parties and set an example so other owners or tenants take action to avoid similar issues in the future.

Premises Liability Laws & Compensation Available for Victims

Premises liability laws in Rhode Island are designed to hold property owners accountable for injuries that occur on their premises due to unsafe conditions. Here’s a look at these laws and the compensation available to victims:

Rhode Island Premises Liability Laws

Rhode Island follows the standard principles of premises liability, which require property owners to maintain their premises in a reasonably safe condition. The duty of care owed by a property owner varies depending on the status of the visitor: invitee, licensee, or trespasser.

Invitees: These are individuals who enter the property for business purposes, such as customers in a store. Property owners owe the highest duty of care to invitees and must regularly inspect and maintain the property to ensure safety.
Licensees: These are social guests or individuals on the property for their own purposes but with the owner’s permission. Property owners must warn licensees of known dangers that are not obvious.
Trespassers: These are individuals who enter the property without permission. Property owners owe a limited duty to avoid willfully or wantonly causing harm to trespassers.

Types of Compensation

Victims of premises liability accidents in Rhode Island may be entitled to various types of compensation, including:

Medical Expenses: Coverage for past, present, and future medical bills related to the injury.
Lost Wages: Compensation for income lost due to the inability to work during recovery.
Pain and Suffering: Compensation for physical pain and emotional distress caused by the injury.
Property Damage: Reimbursement for personal property damaged in the accident.
Loss of Consortium: Compensation for the impact of the injury on the victim’s relationship with their spouse.
Punitive Damages: In cases of gross negligence or willful misconduct, punitive damages may be awarded to punish the property owner and deter similar behavior.

Steps To Take After A Premises Liability Injury

Taking the right steps immediately following a premises liability injury is crucial to protect your rights and build a strong case. Here’s a step-by-step guide:

Seek Medical Attention: Prioritize your health by seeking immediate medical attention, even if your injuries appear minor.
Report the Incident: Inform the property owner or manager of the accident and ensure an incident report is filed. Obtain a copy for your records.
Document the Scene: Take photographs of the accident scene, including any hazardous conditions that contributed to your injury.
Collect Witness Information: Gather contact information from anyone who witnessed the accident.
Keep Records: Maintain detailed records of medical treatments, expenses, and any correspondence related to the incident.
Avoid Giving Statements: Refrain from making detailed statements to insurance adjusters or signing any documents without legal advice.
Consult a Lawyer: Contact a premises liability lawyer to discuss your case and receive guidance on the next steps.

How To Choose The Right Premises Liability Lawyer

Selecting the right premises liability lawyer is crucial for the success of your case. Here are some practical tips on choosing a qualified and experienced lawyer:

Experience: Look for a lawyer with a proven track record in handling premises liability cases.
Reputation: Check online reviews and testimonials and ask for references to gauge the lawyer’s reputation.
Communication Skills: Ensure the lawyer communicates clearly and keeps you informed throughout the process.
Dedication: Choose a lawyer who shows genuine interest in your case and is committed to achieving the best outcome.

Call The Rhode Island Premises Liability Lawyers At Marasco & Nesselbush For A Free Consultation!

You deserve to feel safe and secure when you visit Rhode Island premises. If an owner, tenant, or manager has failed to keep you or your loved ones safe, you owe it to yourself to seek legal recourse. With a trusted Rhode Island premises liability lawyer in your corner, you could secure the damages you deserve.

Attorney selection matters. You need to feel confident that your Rhode Island premises liability lawyer will fight on your behalf. This is exactly what you can expect when you work with the trusted team at Marasco & Nesselbush.