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Accidents on someone else’s property can lead to severe injuries and significant financial burdens. Premises liability laws protect individuals harmed due to dangerous conditions on another’s property, which a Cranston premises liability lawyer can help you navigate. At Gemma Law, with over five decades of experience, we understand how difficult these cases can get and are committed to helping you seek the compensation they deserve.
The legalities of premises liability can be challenging, especially when dealing with the effects of an injury. A dedicated Cranston personal injury lawyer at Gemma Law combines extensive knowledge of Rhode Island law with a compassionate approach to ensure our clients receive the support and representation they need during this difficult time. We strive to hold property owners accountable for their negligence and work to secure the best possible outcome for those we represent.
Have a Good Understanding of Premises Liability
When property owners fail to maintain safe conditions, leading to accidents or injuries on their premises, they may be held legally accountable under the concept of premises liability. The core of premises liability law lies in property owners’ responsibility to ensure visitor safety and disclose known risks. Understanding the nuances of premises liability is crucial for both property owners and individuals who may have been injured on someone else’s property.
In Rhode Island, premises liability cases can arise from various scenarios, including dog bites, slip-and-fall accidents, inadequate security leading to assault, or injuries from falling objects. The specific circumstances of each case play a significant role in determining liability and the potential for compensation. Factors such as the injured person’s status on the property (invitee, licensee, or trespasser) and the property owner’s knowledge of the hazardous condition are critical in assessing these claims.
Winning a premises liability case often hinges on demonstrating the property owner’s awareness of hazardous conditions and their subsequent inaction to remedy the situation. This involves demonstrating that the property owner’s negligence directly led to the injury. At Gemma Law, a premises liability attorney in Cranston, we thoroughly investigate each case, gathering evidence and expert testimony to build a strong foundation for our clients’ claims.
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Potential Parties that May Be Held Liable
In premises liability cases, identifying the responsible parties is vital in seeking compensation for injuries. The liability may extend beyond just the property owner, depending on the specific circumstances of the incident. Parties that can be held liable in a premises liability case include:
- Property owners
- Property managers
- Tenants or lessees
- Maintenance companies
- Security firms
- Government entities (in cases involving public property)
Each of these parties may have a different level of responsibility for maintaining safe conditions on the property. For example, while a property owner bears primary responsibility, a tenant or property management company may be liable if they were contractually obligated to maintain certain aspects of the property. Our attorneys at Gemma Law thoroughly examine all potential parties who you can sue in a premises liability claim.
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Information to Collect After a Premises Liability
Prompt and thorough documentation of the accident scene, your injuries, and other relevant details can make a substantial difference in the outcome of your claim. You must act quickly, as conditions may change and evidence may be lost. Important information to collect includes:
- Photos of the hazardous condition and surrounding area
- Names and contact information of witnesses
- Incident reports filed with the property owner or manager
- Medical records and bills related to your injuries
- Documentation of any lost wages due to the injury
- Clothing or personal items damaged in the incident
Remember to seek medical attention promptly, even if your injuries initially seem minor. Some injuries may not be immediately apparent, and having a medical record establishes a clear link between the accident and your injuries. At Gemma Law, we guide our clients through this process, ensuring that all necessary information is gathered to build a compelling case.
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Duties of Property Owners and Occupiers
Property owners and occupiers in Rhode Island have a legal obligation to maintain their premises reasonably safe for visitors, according to R.I. Gen. Laws §45-24.3-6. This duty extends to addressing known hazards and regularly inspecting the property to identify and rectify potential dangers. The extent of this duty can vary depending on the visitor’s status and the nature of the property but generally includes maintaining safe walkways, proper lighting, and adequate security measures.
The duty of care is particularly high for businesses open to the public. These property owners must not only fix known hazards but also actively seek out and address potential dangers that a reasonable person would identify. This includes regular maintenance, prompt spill cleanup, and clear signage warning of any unavoidable hazards.
Failure to meet these obligations can result in liability if a visitor is injured. Residential property owners also have responsibilities, though they may differ slightly from those of commercial property owners. While they may not be expected to seek out hazards to the same degree as businesses actively, they must still address known dangers and warn visitors of any hidden hazards.
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Potential Types of Damages to Seek
Damages in these cases typically fall into two main categories: economic and non-economic. Economic damages are those with a clear monetary value, such as medical expenses and lost wages. These damages are designed to reimburse the injured party for out-of-pocket costs and financial losses directly resulting from the accident.
Beyond measurable financial losses, premises liability claims often include compensation for less tangible harm. These non-economic damages address the personal toll of an injury – the pain endured, emotional trauma experienced, and diminished quality of life. While putting a price tag on such impacts can be time-consuming, they frequently form a critical part of a claim, capturing the true extent of how an injury has affected the victim’s daily life.
When a property owner’s actions or inactions are found to be particularly reckless or intentional, the court may impose punitive damages. At Gemma Law, a premises liability lawyer in Cranston will work closely with you to document all potential damages thoroughly. This includes current expenses and losses and future costs, such as ongoing medical treatment or reduced earning capacity, so you can see the potential of how much your case is worth.
Contact a Cranston Premises Liability Lawyer at Gemma Law Today
Were you injured on someone else’s property in Cranston? Do not wait to get the legal help you need. Reach out to a Cranston premises liability attorney at Gemma Law now for a free consultation with our experienced premises liability team.
Call or text 401.467.2300 or complete a Free Case Evaluation form
