401.467.2300 
You suffer an injury on someone else’s property as a result of their negligence. Treating your injury is expensive, but you do not have to deal with these costs on your own. Partner with a Woonsocket premises liability lawyer, and you could seek damages from the liable property owner.
Gemma Law Associates, Inc. has more than 50 years of combined legal experience on staff. Let our Woonsocket personal injury lawyer represent you in your premises liability case. Contact us to request a free case evaluation.
What a Premises Liability Case Entails
You may have questions about who you can sue in a premises liability claim. Generally, you can file a lawsuit against a property owner or occupant. Your ability to sue depends on the duty of care relating to your case, and this varies based on the following categories of visitors:
Invitee
Invitees include customers at a store or someone who attends a social gathering at another person’s residence. If you are an invitee, you expect the property you are visiting to be safe. In spite of this, you can visit a property, get hurt due to the owner’s negligence, and seek damages from them.
Licensee
A licensee may be a mail carrier, salesperson, or someone else who visits a property for their own benefit. With licensees, a property owner still owes them a duty of care. If a licensee gets injured on another person’s property, they may be able to pursue damages as part of a premises liability lawsuit.
Trespasser
If someone trespasses on another’s property, they are entering their premises illegally. Therefore, the property owner may not be held responsible if the trespasser gets hurt. However, there are some exceptions, including if a child is drawn to a swimming pool or another attractive nuisance and gets hurt because a property owner did not address this issue properly.
At Gemma Law Associates, Inc., we can help you determine if you have grounds for a premises liability lawsuit. If so, our Woonsocket premises liability attorney will help you achieve your desired case results. To learn more, reach out to us.
For a free legal consultation with a premises liability lawyer serving WoonsocketCall 401.467.2300
Proving Negligence in a Premises Liability Lawsuit
A premises liability lawyer in Woonsocket can teach you about negligence and how it relates to your case. To secure compensation from a negligent property owner, you will have to prove that they were negligent. This requires you to show the following elements of negligence at the time you got hurt:
- Duty of Care: A property owner was expected to take a reasonable amount of care of their space.
- Breach of Duty of Care: The owner ignored their legal obligation, and you were exposed to a premises that was unsafe.
- Causation: Because the owner violated their duty of care, you were injured.
- Damages: You have incurred quantifiable or subjective damages based on your injury.
Your lawyer may use photos and videos of the owner’s property and other evidence to prove negligence. In addition, your attorney can provide you with insights into how much your case is worth. They will also encourage you to pursue the most damages possible.
Woonsocket Premises Liability Lawyer Near Me 401.467.2300
Damages You Can Get in a Premises Liability Lawsuit
You could receive economic and non-economic damages. A judge or jury will offer damages based on losses you can quantify and ones that are subjective. Reasons you may get damages in a premises liability lawsuit include:
- Emotional distress
- Medical bills
- Loss of enjoyment
- Lost wages
- Pain and suffering
A premises liability attorney in Woonsocket evaluates your losses carefully. They will ask you to track your medical expenses and other injury-related costs, as these can help you show how badly you were injured due to a property owner’s negligence. Along with this, your lawyer can craft an argument designed to prove you are in no way liable for your injury.
How Comparative Negligence Applies to a Premises Liability Case
Per Rhode Island General Laws §9-20-4, pure comparative negligence is in effect. If you are hurt on someone else’s property, you have the right to sue for damages. On the other hand, if a property owner shows you are partly liable for your injury, you could get only a fraction of the damages you request.
What you receive in damages depends on the percentage of fault you have. For example, a judge or jury says you are 20% responsible for your injury, which happened on someone else’s property. This means the property owner is 80% liable, and you may get 80% of the damages you originally sought.
With pure comparative negligence, you can get damages even if you are 99% responsible for your injury. Your lawyer will look for ways to prove the defendant in your case is fully at fault. If your attorney is successful, the defendant may be inclined to propose a settlement that meets your expectations.
Complete a Free Case Evaluation form now
When to File a Premises Liability Lawsuit
According to Rhode Island General Laws §9-1-14, there is a statute of limitations of three years for personal injury lawsuits. You may have up to three years from the date you suffer an injury on someone else’s property to seek damages. After this window closes, you may be solely responsible for your injury-related losses.
You may get compensation through a claim with a property owner’s insurance carrier. In this situation, a liable party’s insurance company is likely to put its client’s best interests above yours. The business may offer a lowball settlement or dispute your claim in the hopes that you will give up on it.
With help from a Woonsocket premises liability lawyer, you can pursue damages through a lawsuit. Your attorney can negotiate a settlement on your behalf prior to your trial date. If no settlement is reached, you can bring your case to trial and explain to a judge or jury why you deserve damages.
Hire a Leader in Legal Excellence to Represent You in Your Premises Liability Case
Rhode Island Super Lawyers and other publications have recognized Gemma Law Associates, Inc. for our commitment to excellence. We will do everything we can to get you the compensation you deserve in your premises liability case. Schedule a free case evaluation.
Call or text 401.467.2300 or complete a Free Case Evaluation form
