Property, business and homeowners are responsible for ensuring their grounds and buildings are safe for visitors and passersby. When there are hazards, such as a wet or icy surface, holes, crack or other dangers, a slip and fall accident can occur. While these events may not sound overly dangerous on the surface, slipping and falling can lead to severe injuries like fractures, head injuries and even death in extreme cases. When you are involved in a slip and fall accident due to circumstances out of your control, you may be entitled to compensation by the person responsible for the unsafe conditions.
If you are injured because of a hazardous condition on a walkway or inside a building, a premise liability lawsuit may be an option for you. The best way to know for sure is to contact a seasoned attorney like Stephen Archambault, who will review your case and determine whether you might be eligible for compensation for your medical bills, lost wages and other potential losses from your accident. Attorney Archambault and his team are committed to ensuring you get every bit of compensation you are legally entitled to receive from your case.
There are a variety of ways that a slip and fall accident can occur:
This list may be extensive, but it is not exhaustive. If you suffer an injury after a fall and the accident can be attributed to some defect or hazard, you may be able to hold the business owner liable for your damages.
Slip and fall accidents sometimes result in minor injuries like a bruise or small laceration. Other times, those accidents can result in severe and even deadly consequences. Injuries seen from a slip and fall accident might include:
In the worst case scenario, one of these events may lead to the wrongful death of the victim, leaving family members to grieve and attempt to find ways to carry on without their loved one. All of these injuries may qualify you for a slip and fall lawsuit and compensation for your injuries and losses.
Many factors need to be at play to determine whether a slip and fall injury was legitimately caused by the fault of a third party like a business or property owner. Homeowners can also be implicated in these cases when the proper conditions are met:
Direct Cause
The responsible party caused the hazardous situation; for example, by spilling something on the floor and failing to clean it up correctly. Other types of damage to the surface could also fall into this category of liability.
Negligence
If the business or property owner was aware of the hazard and did not take action to remove it, they can be held liable for accidents and injuries that occur as a result. An instance of negligence might be a broken handrail or damaged walkway that the owner knew about but failed to repair for many weeks or even longer. Negligence may also be cited if the owner failed to mark off an area that was potentially hazardous until the danger could be removed.
Lack of Preventative Attention
In maintaining a building, leaks and damage can occur but taking advanced action to preempt larger problems is an important responsibility of keeping a building or area safe for guests. If the accident can be attributed to inattention to regular repair and maintenance needs, the owner may also be responsible for the injuries of another on their property.
To ascertain whether you have a claim against a property or business owner, it is essential to understand what your level of responsibility might be in your injury. Some accidents cannot be avoided, but we all have a reasonable duty to be aware of our surroundings and protect our safety. If you were injured after purposefully behaving in a way that could be determined to be risky, you might be looking at a comparative negligence situation.
Rhode Island is one of the 13 states in the U.S. that follows a pure comparative negligence system. With this system, courts determine how much liability both the business owner and the accident victim might be responsible for in the event. Compensation is then determined based on that calculation. If the court determines you were 40 percent responsible for the accident due to your actions or negligence, you will be eligible to receive 60 percent of the total compensation that would have been awarded in your case.
Comparative negligence is one of the most significant reasons to enlist professional legal representation from an attorney in Rhode Island that is well-versed in personal injury law. Attorney Archambault will thoroughly investigate your case to ensure you are not held liable for any more of your accident than is fair and reasonable, ensuring you see the best possible outcome in your case.
If you’ve been injured after a fall on business, public or government property, contact the team at Archambault Law right away. Taking quick action in the event of a slip and fall accident is imperative to ensuring evidence is collected to support your claims. We will do the investigative footwork necessary to support your claims while you focus on healing and recovering from your injuries. For a free assessment of your personal injury case and answers to your legal questions, contact Archambault Law today at 401-300-0925.
