Wakefield Premises Liability Lawyer

Injured on Unsafe Property in Wakefield? Marasco & Nesselbush Can Help

A fall on a broken staircase, a railing failure at a rental property, or an accident in a poorly maintained store can leave someone with serious injuries, medical bills, and time away from work.

A property owner or insurance company may dispute whether the dangerous condition existed long enough to be discovered, who was responsible for maintaining the area, or whether the injured person contributed to the accident.

Rhode Island law permits injured people to seek compensation when a property owner’s negligence, or another responsible party’s failure to exercise reasonable care, causes harm.

At Marasco & Nesselbush, our Wakefield premises liability lawyers investigate unsafe property conditions, identify potentially responsible parties, and pursue compensation for medical bills, lost income, and other damages.

Our law firm represents injury victims in Wakefield, South Kingstown, Narragansett, and surrounding Rhode Island communities.

Contact Marasco & Nesselbush for a free consultation about your premises liability claim.

We handle qualifying personal injury cases on a contingency fee basis, with no upfront fees for attorney services and no attorney fee unless compensation is recovered.

Case expenses are addressed in the representation agreement.

Why Choose Marasco & Nesselbush for a Premises Liability Claim?

Marasco & Nesselbush has represented injured Rhode Islanders since 1999.

Our attorneys have more than 350 years of combined legal experience, and the firm has recovered more than $500 million for clients across its practice areas.

Our experienced premises liability attorneys handle claims involving commercial property owners, landlords, dangerous falls, and injuries resulting in long-term disabilities.

Published results from these cases include:

• $6.25 million recovery: A slip-and-fall case involving life-altering injuries that ultimately resulted in the client’s death.
• $2.9 million settlement: A claim against a Rhode Island commercial landlord after a worker tripped over a board used to prop open a stairwell door and developed a serious, lasting medical condition.
• $1 million recovery: A child injured in a fall from a window after a landlord failed to maintain the property.

These results involved different circumstances and do not predict the outcome of another claim.

Our personal injury lawyers review inspection records, prior complaints, surveillance footage, witness accounts, and medical records when investigating unsafe property conditions.

Clients can meet with our team at the firm’s Wakefield office at 231 Old Tower Hill Road, Suite 206, and assistance is available in English and Spanish.

What Is Premises Liability Under Rhode Island Law?

Premises liability concerns injuries caused by unsafe conditions on property that someone owns, occupies, or controls.

Under Rhode Island premises liability laws, property owners owe reasonable care to people they can reasonably expect on the premises, including customers, tenants, and social guests.

A property owner’s duty may include reasonable inspections, repairs, warnings, and adequate lighting where conditions make those precautions necessary.

An accident on another person’s property does not automatically prove negligence.

A claim generally requires proof of a legal duty, breach, causation, and damages; the property owner’s failure to address a hazard must have contributed to the injury.

In Mariorenzi v. Joseph DiPonte, Inc., the Rhode Island Supreme Court cited a California law decision when replacing rigid visitor categories with a reasonable-care standard that Rhode Island courts now apply.

Common Types of Premises Liability Accidents in Wakefield

Common premises liability cases arise in stores, restaurants, apartment complexes, private homes, construction sites, and public spaces where unsafe conditions cause harm.

Common dangerous property conditions include:

• Wet or slippery floors: Spilled liquids, tracked-in rain, ice, and freshly cleaned surfaces without adequate precautions can cause slip and fall accidents.
• Unsafe stairs and walkways: Broken steps, loose handrails, uneven pavement, poor lighting, and untreated ice can contribute to serious falls.
• Defective windows and railings: A poorly maintained window, balcony, or deck railing may give way and cause a fall from an elevated surface.
• Falling merchandise and fixtures: Unstable shelving, unsecured displays, or falling debris at construction sites can strike customers, workers, and visitors.
• Elevator and building equipment failures: Faulty doors, uneven elevator stops, or inadequate maintenance may cause injuries, depending on what failed and who was responsible.
• Negligent security: Broken locks, inadequate security staffing, and a lack of adequate lighting may support a claim after an assault when the evidence establishes a relevant duty, foreseeability, and negligence.
• Swimming pool accidents: Drownings and other pool injuries are a type of premises liability case. A faulty gate, unaddressed equipment defect, or unsafe pool area may create liability depending on who controlled the premises and what precautions were reasonable.

In limited circumstances, Rhode Island’s attractive nuisance doctrine may impose a duty to protect trespassing children from a dangerous artificial condition on private property.

The doctrine is fact-specific and does not make every swimming pool injury actionable.

Dog attacks can also occur on residential or commercial premises, but Rhode Island has separate rules governing dog bite liability.

Who May Be Responsible for a Premises Liability Accident?

Legal responsibility often depends on who controlled the area where the injury occurred, who had a duty to maintain it, and what caused the dangerous condition.

Building owners may be held liable for unsafe common stairways, while a business owner may be held legally responsible for hazards in the store or restaurant it operates, depending on the circumstances.

Depending on the circumstances, responsible parties may include:

• Property owners and landlords: Negligent property owners may face claims for ignoring repair requests, failing to maintain shared areas, or allowing dangerous conditions to persist.
• Businesses and commercial tenants: Operators responsible for inspections, spills, walkways, displays, or other hazards in areas they occupy or control.
• Property management companies: Managers whose assigned maintenance or inspection duties were performed negligently.
• Maintenance and repair contractors: Companies whose work created a hazard or whose negligent repairs contributed to an injury.
• Public entities: Municipalities or state agencies responsible for certain public property, subject to governmental liability laws and other restrictions.

Leases, maintenance agreements, and service contracts can help establish who controlled the property and whether an owner, tenant, or contractor can be held liable.

More than one party may share responsibility for the same injury.

How Is Negligence Proven in a Rhode Island Premises Liability Case?

Premises liability lawsuits require more than proof that an unsafe condition existed.

The evidence must connect the property owner’s negligence or another defendant’s breach of duty to the plaintiff’s injury.

For example, a store may argue that a spill occurred seconds before a fall, while the injured party may have evidence that employees knew about it or should have discovered it during a reasonable inspection.

Evidence that may help establish responsibility includes:

• Photographs and surveillance footage: Images of the hazard, the accident, and the condition of the area beforehand.
• Accident report and witness statements: A contemporaneous accident report and testimony from employees, customers, or tenants may establish when a hazard appeared and whether the property owner knew about it.
• Cleaning and maintenance records: Inspection logs, work orders, earlier complaints, and repair requests that may show when a hazard developed or was reported.
• Leases and service contracts: Documents identifying who was responsible for inspecting, maintaining, or repairing the property.
• Medical documentation: Treatment records, diagnostic findings, and medical opinions establishing the injury and its consequences.

Property owners and insurance companies may argue that the owner lacked notice of the hazard, did not control the area, or that the injured person was partially responsible for the accident.

Under Rhode Island’s comparative negligence law, a visible hazard or an injured person’s partial fault does not automatically eliminate the right to compensation.

Common Injuries Caused by Unsafe Property Conditions

People who suffered injuries in falls, structural failures, and other property accidents may need surgery, rehabilitation, or ongoing care.

Injuries commonly associated with premises liability accidents include:

• Broken bones: Hip, wrist, ankle, and pelvic fractures that may require surgery or physical therapy.
• Traumatic brain injuries: Concussions and more severe brain injuries affecting memory, balance, concentration, or other neurological functions.
• Spinal and neck injuries: Disc injuries, nerve damage, and spinal cord trauma that may cause lasting pain or impaired mobility.
• Soft tissue and nerve injuries: Ligament tears, shoulder damage, numbness, weakness, or chronic pain.
• Burns and psychological injuries: Burns from unsafe building conditions or emotional harm following a serious accident or assault.

Prompt medical evaluation can identify injuries that are not immediately obvious and create a record of the treatment received.

Rhode Island Laws That May Affect a Premises Liability Claim

Rhode Island premises liability laws address filing deadlines, shared fault, landlord maintenance duties, and certain claims involving public property.

South Kingstown Sidewalks and Public Property

Under South Kingstown’s sidewalk snow removal ordinance, owners of property adjoining public sidewalks generally must clear snow or treat ice within 12 hours after a snow or ice event ends, subject to applicable exemptions.

Whether a property owner, the town, or another party is legally responsible for a particular fall requires examining the location and the circumstances; an ordinance violation does not automatically establish civil liability.

Claims involving town-maintained highways, causeways, or bridges can carry a 60-day written notice requirement under Section 45-15-9.

Section 9-31-3 generally limits damages against cities and towns to $100,000, but the statute contains an exception for proprietary functions.

Rhode Island’s recreational use statute may separately limit claims arising from certain land made available for recreational use without charge, subject to statutory exceptions.

Because these rules differ by property type and defendant, an accident on public or recreational land requires an individual assessment.

Compensation Available After a Premises Liability Injury

An injured person may seek economic and non-economic damages supported by the evidence when another party’s negligence caused the harm.

Potential compensation in a premises liability claim includes:

• Medical expenses: Emergency treatment, surgery, medication, rehabilitation, and other injury-related care.
• Future medical costs: Reasonably anticipated treatment, assistive equipment, or ongoing care associated with lasting injuries.
• Lost wages and earning capacity: Income missed during recovery and reduced future earnings when an impairment affects employment.
• Pain and suffering: Physical pain, emotional distress, and limits on daily activities or enjoyment of life.
• Permanent impairment and disfigurement: Long-term disability, loss of mobility, or scarring attributable to the accident.

Depending on the facts, recoverable losses may also include property damage, such as broken glasses or a damaged phone.

The value of a claim depends on the injuries, evidence, and allocation of fault.

If a premises accident causes death, qualifying survivors may seek damages through a wrongful death claim, potentially including lost financial support under Rhode Island law.

Steps to Take After a Premises Liability Accident in Wakefield

Medical care should be the immediate priority after a serious fall or other property accident.

If you can safely do so, the following steps may also help preserve evidence for a potential claim:

1. Seek medical attention. Tell the medical provider where and how the accident occurred, and describe your symptoms accurately.
2. Report the incident. Inform the store manager, landlord, or property manager and request a copy of any incident report.
3. Photograph the condition. Document the hazard, nearby warning signs, lighting, visible injuries, and surrounding area before conditions change.
4. Identify witnesses and preserve records. Keep witness contact information, relevant messages, receipts, clothing, and medical paperwork.
5. Consult a personal injury attorney. An experienced attorney can assess liability, request preservation of surveillance footage or maintenance records, and review applicable deadlines.

An injured person who cannot complete these tasks may ask a family member or trusted person to help.

Speak With a Wakefield Premises Liability Lawyer at Marasco & Nesselbush

Unsafe property claims often depend on evidence held by the owner, landlord, or business, including surveillance video, inspection logs, and earlier complaints.

Marasco & Nesselbush represents injury victims harmed by unsafe conditions at homes, businesses, and other properties throughout Wakefield and South County.

Our attorneys investigate disputed responsibility, evaluate insurance coverage, and document medical and financial losses.

We pursue the maximum compensation supported by the evidence through negotiations or litigation when warranted.

Contact Marasco & Nesselbush** for a free consultation about your injuries and legal options.**

We handle qualifying premises liability claims on a contingency fee basis, meaning no attorney fee is owed unless the firm obtains a recovery.