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Rhode Island Uninsured Motorist Accident Lawyer | Slepkow Law

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Driver License Suspended

uninsured motorist accident lawyer

Driving a motor vehicle is a privilege and not a right. Driver’s licenses are issued to any individual who has reached the minimum age after passing both a written exam and road test conducted by a motor vehicle department specialist. Every motorist driving the highways, roadways and city streets is responsible for providing a safe environment for everyone around them including other drivers, passengers, truckers, bicyclists and pedestrians.

Uninsured motorist claims in RI

Sadly, there are hundreds or uninsured or unlicensed motorists operating motor vehicles in Rhode Island and Providence Plantations. When an uninsured motorist operating an automobile, truck or other motor vehicle is at fault for a car accident in Rhode Island, an injured victim may receive no compensation or justice for their injuries resulting from the motor vehicle crash. However, if the victim had previously obtained uninsured motorist protection and such uninsured protection was in effect at the time of the collision then they may have legal recourse to be compensated for their pain and suffering, medical bills, lost wages and other injuries. The victim would need to pursue an uninsured motorist claim against their own insurance carrier seeking damages and a sense of justice.

By law, every state requires drivers to be licensed while maintaining adequate liability coverage through an insurance policy on every vehicle they operate. Rhode Island is no exception to this. This means that every registered vehicle must be insured with minimum active coverage that has not had its policy lapse.

Driving on a suspended license

The state’s court system is given the authority to suspend the driving privileges of any motorist who commits specific traffic violations. Suspended licenses may last indefinitely until some legal requirements are met or may be for a finite period of time. Some of the reasons a motorists license is suspended in Rhode Island includes:

• A failure to appear in court
• A failure to pay a fine
• A failure to maintain basic insurance coverage on a vehicle
• Operating a vehicle while under the influence of drugs or alcohol
• Recklessly driving that endangers the lives of others
• Other factors such as failure to file an accident report, leaving the scene of an accident with injury or death, failure to pay child support etc.

Legal nightmare

Driving on a suspended license is a criminal infraction that could land the motorist in jail if there are too many infractions. Being involved in a motor vehicle accident in Rhode island while driving on a suspended license can be a legal nightmare for the motorist. In addition to receiving a criminal citation or an arrest, the driver might be financially liable for all damages, losses and injuries caused to all victims in the accident.

If you were injured by an uninsured or under insured motorist in a motor vehicle accident in Rhode Island then you should contact a Rhode Island uninsured motorist accident lawyer.

    The Rhode Island law for driving on a suspended license is set forth below:

“§ 31-11-18.1 Driving after denial, revocation, or suspension for certain violations. – (a) Any person who drives a motor vehicle on any highway of this state who never applied for a license or who drives after his or her application for a license has been refused, or after his or her license has expired or who otherwise drives without a license or at a time when his or her license to operate is suspended, revoked, or cancelled, for: (1) operating under the influence of a narcotic drug or intoxicating liquor; (2) refusing to submit to a chemical test; reckless driving; (3) manslaughter from the operation of a motor vehicle or operating so as to endanger resulting in death; or (4) three (3) moving violations within a one-year period; shall be guilty of a misdemeanor for the first and second offenses and shall be deemed guilty of a felony for the third or subsequent offenses.”

Failing to meet insurance requirements or suspended license 

State law mandates that operating any vehicle without maintaining financial responsibility (insurance coverage) is against the law. Any motorist operating a vehicle without insurance likely faces a driver’s license suspension and financial fines.

“In Rhode Island, you must carry minimum limits of bodily injury liability – $25,000 per person and $50,000 per accident. This means you have coverage up to $25,000 for damages incurred by any one person and up to $50,000 in any one accident should more than one person be involved. You many elect to purchase higher limits, based on your wish to protect your assets from lawsuits above these minimum amounts. Keep in mind that as you raise your coverage, your premiumsincrease because you are asking the insurance company to assume responsibility for higher amount, should a claim occur.”CONSUMERS GUIDE TO AUTO INSURANCE PRESENTED TO YOU BY THE DEPARTMENT OF BUSINESS REGULATION INSURANCE DIVISION http://www.dbr.state.ri.us/documents/divisions/insurance/property_casualty/com_guide-auto_insur.PDF

Proof of insurance at scene of motor vehicle wreck

If the uninsured driver is involved in a motor vehicle accident, they will be required by law to produce proof of insurance at the scene. Any certificate of compliance (COC) provided by the insurance carrier is adequate proof as long as it shows coverage is in force on the date of the accident. Any failure to meet insurance requirements (not having insurance) when the accident occurs exposes the motorist to serious financial consequences. In all likelihood, the victims suffering injuries and damages caused by the negligent behavior of the uninsured motorist will file a lawsuit against them.

§ 31-47-9 Penalties. – (a) Any owner of a motor vehicle registered in this state who shall knowingly operate the motor vehicle or knowingly permit it to be operated in this state without having in full force and effect the financial security required by the provisions of this chapter, and any other person who shall operate in this state any motor vehicle registered in this state with the knowledge that the owner of it does not have in full force and effect financial security, except a person who, at the time of operation of the motor vehicle, had in effect an operator’s policy of liability insurance, as defined in this chapter, with respect to his or her operation of the vehicle, may be subject to a mandatory suspension of license and registration as follows:

Financial recourse from uninsured motorist or driver with suspended license

Any victim who has suffered damages or physical injury as the result of negligence by an uninsured, unlicensed motorist can seek financial recourse through various legal means. However, these types of claims and lawsuits are difficult to litigate in front of a judge in civil court. Because of that, many individuals elect to hire a skilled Rhode Island personal injury attorney who specializes in uninsured motor vehicle accidents.

 Rhode Island car accident attorney

A RI auto accident lawyer working on behalf of their client can seek financial compensation through uninsured motorist coverage on the victim’s policy. The amount of compensation through this coverage is limited by the policy’s benefits. Because of that, the attorneys can file a lawsuit to obtain additional compensation from the unlicensed, uninsured driver directly by holding them financially accountable for their negligence.

Hiring an attorney makes sense. It eliminates most of the “guess work” of attempting to obtain recovery for injuries suffered in an accident caused by another. The lawyer will investigate the causes of the accident, evaluate insurance information and build a case to prove how the other uninsured, unlicensed driver is legally responsible for all damages. An experienced RI personal injury law firm can research every alternative way to obtain financial compensation when the other motorist involved in the accident was driving on a suspended license and without insurance.

Legal Notice per  Rhode Island Rules of Professional Responsibility: The RI Supreme Court  sitting in the capital city of Providence licenses all lawyers and attorneys in the general practice of law, but does not license or certify any lawyer / attorney as an expert or specialist in any field of practice including personal injury, wrongful death and car accident. While this firm maintains joint responsibility, most cases of this type are referred to other attorneys for principle responsibility.

Providence crash Injury lawyers: How to Avoid a Rollover Accident

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How to Avoid a Rollover AccidentNearly one out of every four vehicle related fatalities occurring nationwide involve vehicle rollover accidents, claiming the lives of approximately 10,000 individuals every year. Survivors of a rollover crash in Rhode Island and across the united States often suffer catastrophic injuries and lifelong disabilities including quadriplegia, paraplegia and traumatic brain injuries. Often times, the vehicle occupants are ejected from inside and suffer additional injuries or death.

There are numerous factors contributing to a potential rollover accident in Rhode Island that include:

• The lack of tire traction on slippery or oily surfaces
• Traveling at too great a speed to handle sudden turns or curbs
• Making certain maneuvers that cause a rollover due to a high center of gravity
• Poor road conditions and severe inclement weather

Preventing or Surviving a Rollover Crash in RI

There are specific steps that every driver and occupant inside the motor vehicle can take to prevent or survive the catastrophic consequences of a rollover accident. These include:

• Buckle up – The safest place and occupant can be when involved in a serious rollover accident in Rhode Island is to remain inside the vehicle throughout the event. Nearly 3 out of every four individuals involved in rollover accidents are killed because they were ejected from the vehicle.

• Check the Tires – Properly inflated tires in good shape help maintain traction on the roadway to overcome slippery surfaces, quick turns and road hazards. Inflate the tire pressure as recommended by the car’s manufacturer.

• Drive a New Vehicle – The national Highway traffic safety administration statistics indicate new vehicles involved in accidents produce fewer fatalities than old cars and trucks. Most likely, ESC technology (electronic stability control) on new vehicles helps stabilize steering during difficult maneuvers and bad road conditions. In addition, new vehicles have better design and stricter government testing to increase safety.

• Never Overload the Vehicle – Vehicles with heavier weight than their design suffered decrease stability on the roadway. Pickup trucks and SUVs tend to be more dangerous to operate when loaded then when empty. To increase stability, evenly distribute heavy cargo by positioning it near the center the vehicle and low to the floor.

• Check Your Speed – Operating the vehicle at a faster speed increases its potential of being involved in a rollover. In fact, excessive speed is involved in approximately four out of every 10 fatal vehicle rollover accidents.

• Increase Your Awareness – undivided highways and rural roads without barriers contribute to the potential of a rollover accident, especially when vehicles are traveling 55 miles an hour or greater. When driving in these areas, increase your awareness and lower your speed to minimize the potential of rolling over.

• Avoid Panic Reactions – Quick reactions or panic movements tend to cause a steering overcorrection. When this maneuver happens at high speed, it easily increases the potential of a rollover. If leaving the road unexpectedly is unavoidable, gradually reduce the vehicles speed before slowly easing back up onto the road.

• Avoid Distractions – Before leaving for your destination, it is imperative to turn off all devices inside the vehicle that could distract you from driving. Turn off smart phones and tablets or set the ringer to vibrate until a vehicle arrives at its destination. If using GPS navigation, input the information before leaving to avoid being distracted while moving.

Driving defensively in Rhode Island

Driving your vehicle takes focus and concentration. It is imperative to watch the roadway to drive defensively and safely. Staying active behind the wheel keeps you, passengers in the vehicle out of trouble and minimizes the potential of being involved in a rollover.

If you have suffered serious injuries in a Providence Rhode Island vehicle or car accident involved in a rollover, is essential to contact a reputable Rhode Island personal injury attorney experiencing handling these complex legal cases. Rollover vehicle accident claims and lawsuits in Providence Superior Court are usually accepted on contingency and all legal out of pocket costs are paid through a jury award or out of court settlement. Reputable RI law firms will offer a free initial consultation to provide answers to questions concerning your claim. An aggressive Rhode Island car accident attorney working on your behalf will ensure you receive the compensation you deserve.

“By far the largest number of motor vehicle crash deaths are occupants of passenger vehicles including cars, minivans, pickups, SUVs and cargo/large passenger vans. The likelihood of crash death varies markedly among these vehicle types according to size. Small/light vehicles have less structure and size to absorb crash energy, so crash forces on occupants will be higher. People in lighter vehicles are at a disadvantage in collisions with heavier vehicles. 1 Pickups and SUVs are proportionally more likely than cars to be in fatal single-vehicle crashes, especially rollovers. However, pickups and SUVs generally are heavier than cars, so occupant deaths in SUVs and pickups are less likely to occur in multiple-vehicle crashes.” Insurance Institute for highway safety , Fatality Stats- General statistics, Crashes took 32,675 lives in the U.S. in 2014. http://www.iihs.org/iihs/topics/t/general-statistics/fatalityfacts/passenger-vehicles

http://www.nhtsa.gov/Research/Vehicle+Dynamic+Rollover+Propensity

Boat accident attorney: proving liability in drunk boat accident

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Rhode Island Drunk Boat AccidentsRecreational boating has become an increasingly popular activity at sea, on rivers and in lakes. Boaters enjoy water sports, fishing and time in the open air. However, many boaters in Rhode Island are inexperienced at navigating waterways or are confused of the many laws, rules and regulations governing safe boating behaviors. Because of that, there has been a significant rise in the number of boating accidents in Rhode Island. If you were injured in a boat accident in Rhode Island (including Newport, Tiverton, East Greenwich, Portsmouth, Providence) call one of the best Rhode Island personal injury lawyers.

Boat accident in Rhode Island

Like the nation’s highways, many vessels on our country waterways and open waters encounter boaters impaired by alcohol and drugs causing many drunk boat accidents with injuries and fatalities. Operating a vessel in Rhode Island (RI) while impaired is a serious crime, just like drunk driving an automobile. In many incidences, innocent victims suffer catastrophic injuries because of the drunken, reckless and negligent behavior of others on the water.

The Legal Limit in Rhode Island

The operators or captains of motor boats, charter fishing vessels, sailboats or other watercrafts are given absolute responsibility to keep every on board passenger safe from harm. Boaters in Rhode Island, just like motorists on the highway, are not allowed to operate any water vessel with a blood-alcohol level of .08 or higher. When caught, a drunken boater can be arrested for intoxication and charged with BWI (boating while intoxicated). In addition, the boater is legally responsible for the drunk boat accident caused by their alcohol use and negligence.

Statistics maintained by the U.S. Coast Guard indicate that alcohol remains a leading cause of many fatal boat accidents. The data suggest that one out of every six wrongful deaths involving boats is associated with alcohol. The statistics also show that the most common vessels associated with boat accidents include cabin motorboats, personal watercraft, open motorboats and speedboats.

Serious Injuries and Death in Rhode Island motor boat accident

Operating a boat in Newport, Bristol or East Greenwich RI while intoxicated beyond the legal limit can cause significant impairment to the point where accidents will occur. The most common types of a Rhode Island accidents on open water include ramming other vessels or objects, running aground, capsizing, turning propeller injuries, diving accident, inattention of others in the water, jet ski accident, dock accident and sinking. The leading injuries and fatalities involved in drunk boat accidents in Rhode island and Providence Plantations include:

• Drowning and near drowning
• Brain and head trauma
• Spinal cord and back injuries
• Severed limbs from turning propellers
• All kinds of bodily injuries
• Wrongful death

A Claim for Compensation In Newport Superior Court or Kent County Superior Court

To obtain compensation from every party at fault, the victim must substantiate their claim by proving how others caused the accident. However, the aftermath of most drunk boat accidents are traumatic. Holding those legally responsible usually requires the skills of a competent Rhode Island personal injury attorney with comprehensive experience in boating and maritime laws.

Hiring a RI boating crash lawyer is beneficial. The Tiverton, Middletown or Barrington law firm can gather evidence from the crash and determine if the other driver was impaired, their level of intoxication, and amount of responsibility for causing the accident with injuries. If the level of intoxication of the boater does not surpass legal limits, a competent Rhode Island boat accident attorney can determine if the operator was distracted or acting recklessly by not following right-of-way rules, waterway traffic lanes or posted speed limits.

Fatal Drunk Boat accident in Rhode Island

If a spouse, loved one, sibling, brother, sister, parent or loved one was killed as a result of a fatal motorboat accident or fatal boat collision then you should seek a RI wrongful death lawyer. Preferably, your Rhode Island wrongful death attorney will have experience in deadly boating crashes.

The Statute of Limitations for Motorboat or Jet ski collisions in Rhode Island

A skilled RI Injury attorney will file all necessary paperwork before the statute of limitations expires. The law firm can calculate all accident-related expenses generated now and required in the future. This is important because most drunken boating accidents in Rhode Island produce lifelong effects on the victim’s financial, physical and emotional well-being.

If a drunken boater has injured you, or a loved one, you are likely experiencing irreparable damage to your life and livelihood. An aggressive RI boating crash victim’s attorney can assist you in resolving your claim forcompensation to ensure you receive the amount of compensation you deserve.

http://www.uscg.mil/d13/dep/coast_guard_recreational_boating.asp

Finding the Best Rhode Island Workers Compensation Lawyer

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Rhode Island workers compensation attorney

Workers comp lawyers in RI

If you have been involved in a work-related accident in Rhode Island and suffered injuries, you have likely filed a workers’ compensation claim. The amount of funds you received probably covered your time away from work and the cost of ongoing medical expenses. However, there are often available options to file claims for additional compensation above the minimal pay obtained through workers’ comp. It is important that a victim find the best workers compensation lawyer in Rhode Island.

RI workers compensation

In many incidences, when employees are hurt in an accident on the job, they often assume they will be protected by the law and fairly compensated for their losses. Unfortunately, the amount of funds obtained through workers’ compensation are usually only enough to pay for medical bills and lost wages. In many incidences, injured victims receive minimal benefits that are often not adequate enough to support their family as they heal. However, there may be additional benefits available through filing a claim against third parties that might also be responsible for your injuries. Only a skilled Rhode Island personal injury attorney can determine that for sure.

Filing Additional Claims over and above Comp

If your work site injuries were caused by the negligence, abuse or reckless actions of parties other than your employer, you are likely entitled to file a third party negligence claim in Providence Superior Court. Third party liability happens when a Rhode Island worker is injured while performing their job or suffers from a job-related illness. If people or entities other than your employer caused your injuries, you can likely file a claim against them for compensation.

Rhode Island workers compensation lawyer

Filing a third party claim over an accident occurring while working might involve negligence by subcontractors, contractors, vendors or other companies. If so, you can file a claim in Rhode island courts against all responsible parties to obtain full financial recovery over and above your workers’ compensation benefits. This is advantageous because workers’ compensation in RI does not pay for pain, suffering, anxiety and other compensatory damages. If the negligence was egregious, a Rhode Island personal injury attorney might be able to fight for punitive damages as a way to punish those that caused you harm. Be careful some, RI workers compensation paper pushing lawyers are not experienced in handling the complexities of a negligence cause of action in Providence Superior Court.

Third party negligence lawsuit

The Need for a Rhode Island workers compensation Attorney who also litigates third party negligence causes of action. Handling your third party claim can be a complicated process that often requires the skills of a competent Providence personal injury attorney who specializes in work-related accidents. Many times, defendants in a third party claim will point fingers at employers or other entities as a way to avoid paying compensation to the victim.

Skilled personal injury attorneys in Rhode Island will use state tort law to build a solid case for compensation in a successful third party claim. The RI personal injury lawyers will investigate the claim to hold everyone at fault accountable for your injuries. A RI workers compensation attorney might be able to determine the potential of your claim by proving:

• Your Driving Accident Involved Other Parties – A RI car accident attorney might show that your injuries are the result of a vehicle accident occurring while you were working. This could mean you could file additional claims against the insurance policy of the other drivers involved in the accident. You might also be able to file a claim against an automobile manufacturer if it is determine the accident was caused by a defect.

• Other Contractors Caused Your Injury – It might be that your construction site or work site accident involved a slip and fall because other contractors failed to maintain a clean work environment.

• Other Parties Caused Your Work-Related Illness – If you are suffering from a work-related illness like mesothelioma caused by exposure to asbestos or other hazardous materials, you might be able to file a claim against property owners, building contractors or others.

• Defective Machinery Caused Your Injuries – If your injuries were caused while using defective machinery, you are likely entitled to file a claim against the equipment manufacturer or leasing company if the machinery was rented.

Filing a third-party claim against all responsible parties might be the only opportunity you have to seek justice. It is essential to hire a skilled Rhode island workers compensation lawyer who can handle your case.

Rhode Island Personal Injury Attorney | Slepkow Law

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RI Basics of a Personal Injury LawsuitWhen you have been involved in a Rhode island or Massachusetts incident that involves injuries such as a car wreck, a personal injury lawsuit may be the best recourse for seeing justice served. Keep in mind that accepting a motor vehicle crash settlement from an insurance company cancels your right to sue. This is because the insurance adjuster will require a release waiving your rights to pursue compensation as a result of the RI motor vehicle accident.

Personal injury attorney in Rhode Island

This means that even the best personal injury attorney in Rhode Island  could not bail you out of a bad decision to accept pennies on the dollar for your negligence cause of action. Speak with a Rhode island and Providence Plantations automobile collision personal injury attorney before you agree to settle any insurance claim. This tort law post will help you to know the basics of a personal injury lawsuit to illustrate why a East providence truck or motorcycle accident attorney is so important.

Who Can Initiate Litigation?

If you are injured in an accident, you can file a lawsuit for damages. There are 2 major types of personal injury lawsuits, each one intended to address a different set of circumstances:

• Negligence – This is the most common type, and is used to address a situation when someone causes you harm by failing to follow safe procedures, acting carelessly or failure to utilize due care. Auto accidents, bike crashes, semi- truck collisions and slip-and-fall injuries are two common examples of negligence injury tort claims.
• Intentional Tort – This type of claim is brought against someone who intentionally causes harm or injury. If you are physically attacked, that would be grounds for an intentional tort lawsuit.

Strict Liability  is when the party who causes you harm did not act negligently, recklessly or intentionally, but still can be held responsibility for the injuries in Providence Superior Court.

What a Rhode Island personal injury lawsuit entails

Once a suit has been filed and a court date established, your  Rhode Island Personal Injury Lawyer will be given the opportunity to present your case to the court. This includes revealing any information or evidence that supports your case. You can only file a personal injury lawsuit once, so having a clear line of causality is essential. Personal injury attorneys in RI can help you gather and organize your evidence, including:

• Police reports and documentation
• Witnesses and supporting information
• Physical evidence
• Photographs or video of the incident

Where to file personal injury lawsuit

Most personal injury lawsuits must be filed in the state where the incident occurred or in a state that is connected to the defendant. An automobile accident suit is usually filed in the state where the accident happened, but may be filed in the state where the owner of the at fault vehicle resides. Similarly, a slip and fall suit might be filed in the state where the accident happened, or it may be tried in the state where the company maintains a primary office. A personal injury lawyer  in Rhode island is a huge benefit in deciding where to file.

When to Seek Legal Help

Anyone who feels they have been wrongfully injured has a right to seek legal recourse. Once the decision has been made, you must file suit within a specified period of time from when the injuries occurred. This is called a statute of limitations.  One reason it is important to have a Providence premises liability or car accident lawyer in your corner is to have someone on your team who knows the legal requirements and can help you get the paperwork done on time.

Why an Insurance claim is not enough

Insurance companies will always attempt to keep the cost of an incident to a minimum level. When injuries are involved, those costs may continue for years, which is why quickly settling a claim with the insurance company could result in insufficient funds to handle the long term implications. Your Warwick, Cranston or Woonsocket lawyer will work to get you the full amount that you deserve, and is willing to take on the other person’s insurance company to get it for you.

Most cases settle out of court

One reason many people with solid legal claims do not file suit is because they are afraid of investing large amounts of time in the Providence Superior  Court battle. The fact is, the vast majority of personal injury lawsuits are settled out of court.
In practice, a single consultation with a RI personal injury attorney will often be enough to let them know whether the case has sufficient merit. If it does, the  Rhode Island auto accident attorney will take your case for no initial cost, applying all expenses and billing to the final settlement. If you do not win the case, the attorney does not get paid, so they have a lot riding on resolving your case in a satisfactory manner.

Rhode Island Personal Injury LawMost RI Auto Accidents and tort claims are litigated in Superior Court: Nearly all personal injury, semi-truck and pedestrian accident lawsuits are brought in the first instance in Providence, Kent, Washington or Newport County Superior Court. More info here The subject matter jurisdiction for slip and fall and injury litigation in the Superior Court of RI is over $5,000.  Rhode Island Personal injury Lawyers usually reject filing bus accident, car crash and premises liability cases in district court.

Injury cases rarely litigated in District Court

There are three two reasons why RI Personal Injury Attorneys avoid Providence Sixth Division District Court RI car accidents lawsuits.

1)      The RI District Court has no subject matter jurisdiction for liability claims over $10,000. The Court has concurrent jurisdiction for motorcycle accident injury cases from $5,000 to $10,000

2)       The District Court is a court of no record and appeals are de novo to the Superior Court.  Therefore, a Bike or bicycle wreck injury verdict in District Court becomes a nullity if appealed by the Insurance company negligence defense attorney. Therefore, the injury litigation could be considered a waste of time if an appeal is timely filed.

Statute of Limitations for most Negligence Claims

The Statute of limitations for car accidents, slip and fall, wrongful death, pedestrian accidents, truck collisions and most negligence causes of action is three (3) years in Rhode Island. Therefore, a personal injury lawsuit must be filed within three years after the date of the crash, incident or mishap. “(b) Actions for injuries to the person shall be commenced and sued within three (3) years next after the cause of action shall accrue, and not after, except as provided for otherwise in subsection (c) herein.”   § 9-1-14  Limitation of actions for words spoken or personal injuries. http://webserver.rilin.state.ri.us/Statutes/Title9/9-1/9-1-14.HTM

Comparative fault law in Rhode Island

RI is a pure comparative fault state which means that a person who is more than 50 percent at fault for a RI accident can still obtain damages based on the percentages of relative fault. For Example: A drunk motorist stops his automobile in the middle of the highway, intentionally, in order to text his friend and is rear ended by a speeding reckless driver who is high on marijuana. If a jury determines the automobile motorist who stopped his motor vehicle on the highway was 99 percent at fault for the car wreck then that motorist would  still be entitled to 1 percent of his medical bills, pain and suffering and Damages.

Rear End Car Accident Liability in Rhode Island

Most States have different laws regarding rear end car collisions. In Rhode Island, If a motor vehicle hits another truck, motorcycle or a semi-truck than “a prima facie case of negligence against the driver of the car in the rear is established * * *.” Maglioli v. J.P. Noonan Transportation, Inc., 869 A.2d 71, 75 (R.I. 2005). Id. http://www.ripersonalinjurylaw.com/motorcyle-car-accident-rear-ender/ Roland DeMaio et al.v.Raymond A. Ciccone et al. http://www.courts.ri.gov/Courts/SupremeCourt/Opinions/11-211.pdf

Texting while driving in Rhode island

§ 31-22-30  Text messaging while operating a motor vehicle “The legislature’s intent when drafting and enacting section 31-22-30 (b) was to prohibit inattentive driving caused by composing, reading, or sending text messages. SeePartington, 681 A.2d at 260.” Id. STATE OF RHODE ISLAND v. JASON KILSEY http://ricaraccidentlawyers.com/wp-content/uploads/2014/04/textingdrivingri.pdf

 In a wrongful death case in RI, how are compensation / damages divided between the grieving loved ones of the deceased? ½ of wrongful death judgment or fatal car accident settlement amounts received go to a widow or husband of the person killed in the crash. The other half of the fatal crash compensation goes to the children of the victim of the deadly collision. law

RI helmet law

In Rhode Island and Providence Plantations, only new motorcyclists and motorcycle operators younger than 21 are legally mandated to wear protective motorcycle helmets.  Motorcycle helmets often prevent traumatic brain injury and substantially reduce the amount of fatalities as a result of biker collisions. The RI motorcycle helmet law, 31-10.1-4, is set forth below and can be found at:  http://webserver.rilin.state.ri.us/Statutes/TITLE31/31-10.1/31-10.1-4.HTM http://www.rimotorcycle.com/rights.php#Discrimination_

Pursuant to the laws in Rhode Island, subsequent remedial measures may be admissible to prove the negligence and liability of a wrongdoer who is liable for an accident. This subsequent remedial measures law, typically, comes into play in a premises liability or slip and fall (trip and fall) mishap.  If the landowner is able to add lighting, signage or remedy the dangerous condition on the property than such remedial measure is admissible to prove the owner is negligent.

Duties of insurance companies to their Insured to settle cases for under policy limits: ASERMELY

The Supreme Court of Rhode Island determined that if a written demand is made within the policy limits that is not accepted by the indemnity company then the insurance company is on the hook for the entire jury award even if it is above the policy limits. ASERMELY v. ALLSTATE INSURANCE COMPANY 728 A.2d 461 (1999). http://caselaw.findlaw.com/ri-supreme-court/1403678.html

Duty to clear snow

The Rhode Island Top Court sitting in the capital city of Providence utilized the “Connecticut rule” when the highest authority stated “…landlord or business inviter owes a duty to a tenant or business invitee to use reasonable care to see that the common areas are kept reasonably safe from the dangers created by an accumulation of snow and ice which is attributed to purely natural causes.”  BERARDIS v. LOUANGXAY et al 969 A.2d 1288 (2009) Nonetheless , the RI Supreme Court determined that “The landlord or inviter, however, must be afforded a reasonable time after the storm has ceased to remove the accumulation. ”Id.

Post accident interest

Post-accident interest in RI is 12 percent which is automatically tacked on any judgment or verdict.http://webserver.rilin.state.ri.us/Statutes/title9/9-21/9-21-10.HTM

Providence County RI includes: the following cities and town in RI: Burrillville Pascoag  Central Falls  Cranston  Cumberland East Providence Johnston Lincoln North Providence  North Smithfield Pawtucket Providence Scituate Smithfield Woonsocket

Legal Notice per Rules of Professional Responsibility: The Rhode Island Supreme Court licenses all lawyers and attorneys in the general practice of law, but does not license or certify any lawyer / attorney as an expert or specialist in any field of practice. While this firm maintains joint responsibility, most cases of this type are referred to other attorneys for principle responsibility.

Providence County RI includes: the following cities and town in RI: Burrillville Pascoag  Central Falls  Cranston  Cumberland East Providence Johnston Lincoln North Providence  North Smithfield Pawtucket Providence Scituate Smithfield Woonsocket

Pitfalls of Facebook & Social Media in Personal Injury Litigation

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Social Media in Personal Injury LitigationMany people use online social media sites including Facebook, Twitter, LinkedIn and others to stay connected with associates, family and friends. Many individuals update their social network site including their profile and status on a daily basis.

Online social media websites are a vast collection of personal and professional information that is available to nearly anyone with an Internet connection and a social media account. While this media provides many benefits including reconnecting a long-lost friends, as a marketing tool or to network, it also poses potential dangers during  Rhode Island personal injury litigation.

tactical litigation tool to destroy your reputation and character

There are significant pitfalls to using Facebook, Twitter and other social media sites during Providence Superior Court personal injury litigation. When you adopt a social network site as a personal outlet, it can be acquired during routine discovery. The information can be entered into evidence as an effective strategic and tactical litigation tool to destroy your reputation and character. Because of that, Rhode Island attorneys that handle personal injury litigation  and RI car accident claims will often advise their client to avoid  or be careful using social network sites during the entire negligence litigation process.

In addition to posting photos and updated status being especially harmful when seeking a personal injury claim for compensation, a “Liked” location or activity can provide opposing counsel guarded insight into your personal life.

Before Filing a Claim or Suit

Providence Personal injury attorneys will often discuss the dangers of using social network sites long before sending a demand letter or filing a complaint. As a part of the initial process of evaluating a claim, RI slip and fall lawyers often advise clients to enable their private settings in each social media account. Changing the setting to completely “private” can offer protection of personal information and prevent it from being seen by others. In addition, it can make it more challenging for opposing counsel to gather the information through informal discovery when taking depositions, issuing subpoenas and gathering evidence through interrogatories and document requests.

Avoid Deleting

Deleting or modifying any existing posted social media activity at any stage of personal injury litigation is off-limits. This is because as a litigant in an active personal injury case, you are obligated to preserve any relevant evidence that you know, or reasonably suspect, will be requested by the other side. Any alteration or deletion of social media information would breach your legal obligation and may be considered a crime. Avoiding any alteration or deletion of social media information early on can prevent a costly and difficult process of having it retrieved.

Tell Family and Friends

Rhode Island Personal injury attorneys  and Warwick car crash lawyers will often have their client  to notify family and friends of the potential dangers of posted social media. This is because  Rhode island personal injury attorneys representing the defendant in a personal injury case will often seek additional information on you by viewing profiles and data posted on the social media sites of your closest friends and family members. It is essential to warn everyone you spend time with to avoid posting photographs or public updates about you and themselves until the conclusion of your personal injury litigation.

In many incidences, lawyers and insurance company claims adjusters utilize social media network sites to build a challenging defense of a filed claim for compensation. In many incidences, they will comb through Twitter, Facebook and other sites searching for evidence that can be used against you or cast doubt on your credibility.

East Providence auto accident

Protecting your rights and legal options after filing a claim for compensation for your East providence automobile accident claim is essential to a successful outcome. Avoiding any type of online post on your site or the side of family members and friends is crucial to minimize the potential of having the information used against you during an out-of-court settlement negotiation or when presenting the evidence at trial.

What You Must Prove To Win a Slip And Fall Injury Claim

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Slip and fall claimWhen you or a loved one has  been a victim of negligence causing a slip and fall accident in Rhode Island, you may try to seek justice for this accident through  a lawsuit. You will have to prove your injuries and that your injuries were caused by the mishap. In some situations, it is enough to prove that a preexisting condition was exacerbated as a result of the fall.  You will have to prove your case to a judge and jury and have them rule in your favor to win.

Slip and fall in RI

In many circumstances, the insurance company will  attempt to settle the  RI premises liability cause of action out of court. If you were injured in a slip and fall incident in Rhode Island then you should contact one of the best Rhode Island slip and fall attorneys. Also visit this website What are the steps to prove to win your Providence Superior Court  slip and fall injury claim? Today we will be covering what must be proved.

Property Owner Duty to Provide Safe Environment

A property owner in Rhode Island should always be aware of trying to make his property accident free. Property owners must take reasonable steps to ensure their property is free from dangerous conditions that could cause a person to slip and fall. However, visitors , customers and guests must also be careful and aware of their surroundings so that they avoid a slip down and fall on a  property.

The Supreme Court of Rhode Island (RI) stated “[A] landowner has a duty to exercise reasonable care for the safety of persons reasonably expected to be on the premises, and that duty includes an obligation to protect against the risks of a dangerous condition existing on the premises, provided the landowner knows of, or by the exercise of reasonable care would have discovered, the dangerous condition. The burden of proving that sufficient evidence existed to show that the defendants knew or should have known of an unsafe condition on their premises is on the plaintiff.”  http://www.slepkowlaw.com/slip-fall-ri.htm Lieberman v.  Bliss-Doris Realty Associates

Liability for Slip and Fall Claims

When you slip and fall on someone’s property because of dangerous conditions, you will need to be able to show some proof of your injuries by:

  • The  Rhode Island property owner or his staff should have known about the the state of the area because another reasonable individual in their place would have known about that specific area and tried to fix it or put a warning up while it was trying to be fixed.
  • The property owner did know about the dangerous condition, but showed negligence and didn’t make any effort to fix it in a reasonable amount of time.
  • The property owner or their employees caused the dangerous, problematic area by the means of a spill, broken floor, leak or another method.

Many non commercial property owners, are slip shod  and reckless about the maintenance of their properties. Nonetheless, the property owner or maintenance company will typically deny liability asserting that they acted reasonably and that they they were not aware of the defective or dangerous condition on their property.

 Reasonable Person 

When you present, your evidence to show how a property owner is liable for the injuries sustained when you slipped and fell you will have to show how the property owner was negligent in their actions.  Your  Rhode Island slip and fall lawyer will have to prove how a reasonable person should have acted in that situation.   A Providence County Superior Court jury would decide if the defendant had acted as a reasonable person in light of  the facts and circumstances of the negligence case.

To help your RI personal injury attorneys win your Rhode Island premises liability claim, you might want to help your East providence Tort attorney with some of the following facts about your case and the property owner.

  • Did your slip and fall accident involve tripping over something that was left on the floor that should not have been there?
  • What kinds of cleaning activities did the property owner engage in and how often did occur? Is there proof to help support your claim?
  • If someone was with you, did they see where you slipped? If so, did they see anything on the floor, did they have any pictures possibly on a cell phone or tablet? Do you have any other witnesses?
  • If the slip and fall were caused by a leak in the roof, did the property owner allow a normal amount of time before being fixed or was it left in its condition for  days, weeks or months?
  • Were you being careful and watching out for your surroundings or were you comparatively negligent?

” One out of five falls causes a serious injury such as broken bones or a head injury. Each year, 2.5 million older people are treated in emergency departments for fall injuries. Over 700,000 patients a year are hospitalized because of a fall injury, most often because of a head injury or hip fracture. Each year at least 250,000 older people are hospitalized for hip fractures.More than 95% of hip fractures are caused by falling,6 usually by falling sideways. Falls are the most common cause of traumatic brain injuries (TBI). Adjusted for inflation, the direct medical costs for fall injuries are $34 billion annually. Hospital costs account for two-thirds of the total.”  Center Disease Control Home and Recreational Safety   Important Facts about Falls

Conclusion

If you want to prove your  Warwick, Cranston or Woonsocket RI slip and fall case and win, you need to have proof that a property owner was not reasonable within the terms of that definition. You want to have a good Rhode Island slip and fall  attorney who is on your side who takes into account all the proof and proves to the jury and judge that a property owner was negligent.

Legal Notice per Rules of Professional Responsibility: The Rhode Island Supreme Court licenses all lawyers and attorneys in the general practice of law, but does not license or certify any lawyer / attorney as an expert or specialist in any field of practice. While this firm maintains joint responsibility, most cases of this type are referred to other attorneys for principle responsibility.

Rhode Island Reckless Driving Accident Lawyer | Slepkow Law

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Top compensation for reckless driving accidents

RI reckless driving lawyer

Often times, accidents in Rhode Island are  caused by reckless drivers result in catastrophic injuries or fatalities. This is because irresponsible drivers in RI negligently and deliberately disregard the safety and well-being of others. Under tort law in Rhode Island, individuals injured in a reckless driving accident are usually entitled to seek financial compensation through a Providence Superior Court personal injury claim or lawsuit. Reckless drivers can also be charged with criminal offenses in Rhode Island as a result of their absurd actions.

RI Reckless driving accident attorney

There are numerous ways motorists place the lives of others in danger through their deliberate and reckless actions. However, some reckless behaviors behind the wheel tend to be common, including:

• Speeding
• Racing with other vehicles
• Drunk driving
• Illegally passing slower traffic using the breakdown lane
• Attempting to make the vehicle go airborne using railroad crossings and other inclines
• Tailgating (following too close behind)
• Failing to notify others by using turn signals
• Failing to yield the right of way
• Weaving between lanes in traffic
• Performing illegal U-turns  when it is strictly prohibited (180-degree turn)
• Cutting off other vehicles
• Operating a vehicle while fatigued
• Running red lights and stop signs
• Driving through construction zones and school zones
• Driving while distracted including talking on cell phones, texting while driving, watching videos, speaking with passengers, using GPS navigation, adjusting the radio and texting
• Road rage driving

Reckless disregard for other motorists on the road

Any activity the driver performs that diverts their attention from the task of driving is considered a form of reckless disregard of others. Statistics maintained by the National Highway Traffic Safety Administration (NHTSA) indicate that one out of every three deaths across the nation’s highways can be attributed to speeding and reckless driving. Regardless of what type of reckless behavior the driver performs, they made a conscious choice to drive irresponsibly.

Reckless driving behaviors threaten the lives and safety of other motorists, passengers, bicyclists and especially pedestrians in Rhode Island and Providence Plantations sharing the roadway and crosswalks. Any individual walking near or in a crosswalk in RI can be particularly vulnerable to injury as a result of  a collisionwhen a reckless driver acts irresponsibly.

Filing for Victim Compensation in Rhode Island for a reckless driving car, truck or motorcycle wreck

Driving a motor vehicle or car aggressively or recklessly is a conscious act of willful disregard for any consequence suffered by others. In many cases, motorist driving recklessly in Rhode Island will cause personal injuries, property damage and death. Victims in RI have the legal right to seek financial compensation to cover a variety of expenses including hospitalization and medical costs, the loss of income, property damage, therapy and rehabilitation, disability, disfigurement, scarring and wrongful death.

No two truck accidents or automobile accidents in RI involving reckless behavior in a moving vehicle are alike. State tort law concerning a claim for compensation filed against a reckless driver is complex as is civil procedure, rules and regulations used in court. Because of that, many victims of a vehicle accident involving reckless driving in Providence, East providence, Cranston and Warwick will hire a  RI personal injury attorney with years of experience in handling these types of claims and suits.

Hiring a Woonsocket or Providence area  Law Firm

A reputable RI law firm can ensure that all parties at fault for the accident are held accountable for their neglect and intentional disregard. In addition to holding the driver liable, the  Rhode Island reckless driving victim’s personal injury lawyer / attorney may be able to file a claim against additional parties that also have some responsibility for the accident. Every party at fault for the accident with injuries can be liable to pay financial compensation to the victims. This is especially true if alcohol is involved, where others served the reckless driver alcohol prior to causing the accident.

Accidents that happen by reckless driving never happen accidentally. If you have suffered injuries at the hands of another, it is essential to contact a Providence personal injury attorney who specializes in vehicle  and car accidents. Most vehicle  and auto accident law firms accept cases on contingency, which means you will not pay any legal fees until your attorney recovers financial compensation from your claim or lawsuit. Hire a RI car crash attorney now before the statute of limitations concerning your claim expires.

When victims are injured or killed in a vehicle accident, they often face economic damages including extensive medical bills and funeral costs. In addition, the victim or surviving family members also deal with non-economic damages including pain, suffering, emotional despair, mental anguish and grief. When the incident is caused through the reckless actions of others, victims have a right to seek compensation by filing a claim or lawsuit.

Both economic and non-economic damages can be sought by injured victims in Rhode Island. By law, compensatory damages involve recovery of tangible loss including bills and expenses along with non-tangible losses like pain and suffering, which cannot be calculated exactly. Alternatively, punitive damages in Rhode Island do not provide compensation to the victim for their injury or loss, but provide a monetary award designed to punish the defendant.

The amount of punitive damages awarded the victim in Rhode Island is often based on the nature, behavior and character of the defendant’s conduct at the time of the incident. In addition, juries often base punitive damage awards on the amount of funds the defendant can provide.

Driving recklessly or drunk are two unacceptable behaviors in society when victims are injured or killed. Reckless driving is often defined as:

• Operating a vehicle with wanton or willful disregard of maintaining a safe environment for other people or property
• Fleeing police officers using a motor vehicle
• Any evidence that the driver is impaired and driving recklessly and out of control including being under the influence of drugs or alcohol, as defined by law

Driving distracted in Rhode Island can conceivably also be considered reckless driving when motorists talk on cell phones, check text messages and consume foods or beverages when behind the wheel. A motorist can be cited for distracted driving whenever they divert their attention away from the roadway and cause an accident with property damage, injuries or fatalities.

Defining Drunk Driving

Unlike suing a defendant for regular damages after suffering injuries in a vehicle accident, suing for punitive damages usually requires proof of gross negligence or intentional misconduct which is nearly criminal in nature. Under the law, gross negligence is considered behaving indifferent to the rights, life and safety of others. The plaintiff in the case, which can be the victim or surviving family member, will need to prove that the defendant acted with deceit, recklessness or malice.

The definition of being legally drunk varies between states, licensing and age of the driver. In Rhode Island, any motorist 21 years and older with a blood-alcohol level of 0.08 or greater is considered legally drunk. However, a motorist operating a commercial vehicle with a 0.04 percent or higher blood-alcohol level is considered a drunk driver. This is also true if a driver under the age of 21 has a blood alcohol level rated at 0.02 or higher.

Bad Faith Insurers in Rhode Island

Under certain circumstances in Rhode Island and Providence Plantations involving drunken reckless driving, the victim or surviving family members seeking justice are wrongfully denied compensation by insurance companies operating in bad faith. If an insurance carrier fails to provide a settlement payment or refuses to perform its obligations in a timely manner as described in the contract of insurance, the plaintiffs can seek damages.

Personal injury tort laws in Rhode Island (RI) are designed to protect victims harmed by other individuals or entities, including motorists driving recklessly or drunk. Many reckless actions including drunk driving cause serious injuries and fatalities. Driving recklessly can involve running a red light, swerving between lanes, turning into oncoming traffic, car stunts, speeding or driving down the street the wrong way.

Even if a drunk or reckless driver avoids a criminal conviction or is never charged with a DUI or DWI, the victims and surviving family members still have the legal right to seek compensatory and punitive damages. This is because criminal liability in RI and civil liability in RI involving vehicle accident cases are seen as separate issues under the law.

Car accidents due to reckless driving in RIReckless drivers are more than just a menace to other motorists operating their vehicles in a safe manner, because of the potential of causing accidents on the roadway. An irresponsible aggressive motorist driving recklessly can commit a moving traffic violation that substantially endangers people and property, which often leads to injuries, death and property damage. Common types of reckless  and negligent driving behaviors on the Rhode Island (RI) roadway include:

Reckless driving car accident in Rhode Island

• Making an unsafe lane change
• Driving at excessive speed
• Dangerously weaving through traffic
• Tailgating (following too closely behind)
• Passing a legally stopped school bus
• Failing to yield to motorists with the right-of-way
• Failing to signaling when turning
• Talking or texting on a smart phone
• Racing and drag racing
• Failing to stay in a single lane
• Operating a vehicle with faulty brakes
• Performing illegal U-turns (180 degree turn)
• Cutting off other vehicles on the roadway
• Passing vehicles on the right
• Road rage driving
• Driving faster than the posted speed limit through school zones and construction zones
• Passing on the right shoulder or in a no passing lane
• Impaired driving such as driving drunk or when on drugs
• Disregard of traffic signals and signs

Negligent and Illegal driving in Rhode Island and Providence Plantations

Any manner of reckless driving is a negligent act and is often explicitly illegal.  The State of RI has various enacted laws imposing strict penalties for any motorist driving at reckless speeds, typically considered numerous miles more than the posted speed limit. In addition to being cited with a traffic violation, the reckless driver can be held civilly liable, requiring them to provide financial compensation to victims of the accident suffering injury, death and/or property damage.

Even though reckless driving is often illegal in Rhode Island and always negligent, proving the reckless driver exhibited inappropriate behavior conclusively to a judge or claims adjuster is often a challenging legal battle.

Insurance carriers faced with paying  RI personal injury claims involving the reckless behavior of their policyholder often fight aggressively to minimize their payout. Many times the claims adjuster will use a variety of proven tactics to deflect any allegation of negligence by the reckless driver in an effort to deny or minimize financial compensation to the victim. In fact, recovering damages through financial compensation is never guaranteed in a Providence, Pawtucket or Woonsocket car accident. Compensation is not automatic when filing a claim. Usually, successful outcomes of claims require the aggressive skills of a competent  Providence personal injury attorney who specializes in  Providence reckless driving accidents involving injuries and death. Hiring a committed  Pawtucket car accident lawyer equipped with the proper legal tools, proven strategies and effective tactics is often necessary to obtain adequate recompense.

How a RI auto accident Attorney Can Help | negligent 

A skilled  Rhode Island Personal injury attorney can fight for their client to ensure that the responsible party, represented by their insurance carrier, provides the victim adequate financial compensation. The money obtained is usually substantial, and covers a variety of expenses including:

• Hospital bills, doctor visits, surgeries, rehabilitation, physical therapy and other procedures necessary to heal
• Financial costs associated with the accident
• Property damages including car replacement or repair
• Missing earnings caused by the inability to work due to the accident
• Any loss of potential future earnings if the victim is suffering temporary or permanent total or partial disability from the accident

North Providence, Cumberland. Lincoln, Car crash, motor vehicle collision

In addition to covering tangible cost, the The Cranston, Warwick or East Providence attorney will seek recompense for intangible losses including the pain, suffering and discomfort the victim experiences from the accident. It can also include a loss of companionship and consortium, along with payment for emotions involved in being disfigured or losing a limb in a catastrophic accident caused by a reckless driver. Reckless driving is a choice made by the driver, and always a preventable action that when avoided saves others from injury or death. In many incidences, the results of the reckless behavior are devastating, and cost lives or diminishes the quality of life for the victim.

If you were injured in a car accident in Rhode Island and Providence Plantations, please contact RI personal injury lawyer, David Slepkow. A Rhode Island personal injury attorney or a RI car accident lawyer can help you get the compensation that you deserve.

Slepkow Slepkow & Associates Inc.

Rhode Island Bouncer Assault Lawyer | Nightclub, Security Guard Injury Lawyer

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Bar & Nightclub bouncer assault compensation

Rhode Island Bouncer Assault Lawyer

Bouncers in bars and nightclubs in Rhode Island are not provided additional legal privileges to beat up drunk or intoxicated patrons causing a ruckus in their establishment. Physically removing wasted  individuals from the club by any means including using a chokehold  or exchanging blows can have criminal and civil repercussions in RI to the bouncer, management, and establishment.

Rhode Island Bouncer Assault Lawyer

In many incidences in Rhode Island and Providence plantations, bouncers working at nightclubs and bars are typical employees and do not have the special training and permits required to be “security personnel.” Without proper certification, the bouncer is simply an ordinary citizen without special rights to physically eject any inebriated, sober or impaired patron who becomes obnoxious or drunk. The only right the bouncer truly has is to ask the patron to leave, and if the customer refuses, their only other move is to call law enforcement to have the police physically remove the individual from the premises.

Bouncer  attack personal injury lawyer

However, all bouncers can defend themselves or detain any individual using “reasonable” restrain if the sober, tipsy, bombed or sloshed patron is committing a crime. Causing the fight by physically hitting, kicking, biting or punching any individual or engaging in a brawl, melee or physical attack of a third party including the bouncer could provide a claim of self-defense if the patron is punched back.

Seeking Compensation for Injuries in Rhode Island

Even though the law is clear-cut, defining the limitations of working as a bouncer in a bar or restaurant in the real world can be a little more confusing. The club management, security and bouncers will often collaborate to ensure that all of their testimony coincides, making it more difficult to seek financial compensation if the patron is injured in a physical assault  or attack in providence. Videotape typically records only the patrons entering and exiting the nightclub, bar, club establishment.

Usually, hiring a  Providence personal injury attorney is the best course of action when seeking a financial remedy for being injured at a  Providence bar or restaurant. A skilled  Providence bouncer assault lawyer working on behalf of the injured patron  and can gather evidence to build the case. The RI personal injury lawyer might be able to prove that the bouncer:

• Has no formal security training
• Employed unreasonable and dangerous tactics which caused harm
• Was negligent when assaulting the victim

If the Providence bouncer attack attorney can prove that the bouncer acted in an unreasonable manner, the law firm might be able to file a liability claim against them and the establishment in an effort to seek financial compensation for the victim as a result of the fight or melee. If the establishment and/or management ordered or provided the opportunity for the bouncer to apply too much force, causing the victim harm, they may be liable as a third party in a premises liability claim.

Holding the Club, Pub or Bar Accountable in a Providence, Warwick , Newport or Cranston bouncer assault claim.

Every bouncer is an agent of the establishment owner. Their actions on the club’s premises are performed in the scope and course of their employment. This means that the owner and management are likely liable for any errant action the bouncer performs.

A skilled  Bar attack attorney working on behalf of the victim might be able to show that the club owner was negligent when they hired the bouncer and provided ineffective security, which then created an unsafe environment for the public. They may also be liable because they retained a negligent bouncer at their club without providing proper training, which then caused the victim emotional and physical distress.

Hiring a RI personal injury Lawyer

An aggressive East Providence personal injury attorney who specializes in nightclub premises liability cases can ensure that the victim is fully compensated for the injuries endured at the hands of the bouncer. The attorney can ensure that all claims are filed within the statute of limitations to hold the bouncer, property owner, club owner and management accountable for their negligent or reckless actions.

Personal injury attorneys in Rhode island and Providence Plantations typically accept cases on a contingency fee basis. This means that the victim is not required to pay any upfront fees for the  RI bouncer assault lawyer’s legal services. Many Warwick personal injury law firms offer a free initial consultation to discuss the merits of the case.

“I was at a club with my fiance, and a bouncer there grabbed her breast. I asked him to apologize to her. Instead, he and 3 of his bouncer buddies beat me severely, restraining anyone who tried to help. I had multiple injuries including broken bones, and possibly permanent brain damage. We learned one of the bouncer’s names (he already had a criminal record) and pressed criminal charges against him, but the others scattered so quickly, my fiance was unable to identify them. (I was unconscious after the beating, so I could not identify them that night either.) What kind of a suit am I looking at, and what are my chances?” https://www.avvo.com/legal-answers/can-i-sue-a-nightclub-because-the-bouncers-there-s-1082645.html   Can I sue a nightclub because the bouncers there severely assaulted me? What are my chances of winning?

RI Premises Liability Injury Attorney: is Landlord Liable?

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RI Landlord premissis liability If you have suffered injuries on another’s property in Rhode Island, you are likely wondering if the landlord is legally responsible to provide compensation for your medical expenses, lost wages, suffering and pain. Determining who is responsible for causing the problem can be complicated, and often requires the skills of a RI  personal injury attorney that handles landlord liability claims.

Landlord liability in RI

Anytime a landlord leases or rents their property to another in Rhode Island and Providence Plantations, they might be liable for any personal injury claim under the umbrella  of premises liability laws. When a victim is injured on the  RI property, they must show how the landlord had a duty to provide a safe environment and that a breach of that duty caused the injury.

As an example, if you suffered injuries from a fall  in Providence because a stairwell railing came loose, you will need to prove that the landlord  knew or should have known of the dangerous condition on the premises. The injured tenant’s  RI personal injury lawyer  will need to establish that the victim suffered real injury or damage as a result of the landlord’s negligence. Finally, you will need to prove that the injuries you endured are directly associated with the landlord’s failure to maintain a secured railing.

Common Types of Tenant Accidents

Many tenants that rent or lease a building or home are subject to liability when a visitor or invitee is injured on the premises. Common types of tenant accidents include:

• Slip and fall injuries / fall down stairs
• Electrocution
• Drowning
• Cuts
• Assault and battery
• Wrongful death

Determining Liability

Tenant accident cases in Rhode Island can be complex. Liability often involves a determination on the type of landlord-tenant relationship in the lease or rental agreement. Typically, a Rhode Island  personal injury attorney specializing in  RI premises liability injuries will build their case on certain factors that include:

Who Has Control of the Property in Rhode Island?

Generally, any structure or building on the property along with permanent elements and fixtures are usually under the control of the landlord. The property owner can be held liable if any type of hazardous condition with these structures and components directly caused the loss or injury.

In many cases, the landlord is not held responsible for any other fixed or element under the control of the leaser or renter. This could include shelving, furniture or ensuring that the floor remains free of any debris.

Specific Terms of the Rental Agreement

In all likelihood, the terms of the rental agreement or lease indicates whether the landlord or the tenant is in charge of maintaining the premises and landscaping. If anything under the control of the tenant as indicated in the rental agreement causes harm or injury to the victim, the landlord may not be liable for compensation.

Hiring a RI slip and fall Lawyer

If you, or a loved one, have suffered serious injuries due to a landlord’s failure to properly maintain the property, you might have a valid claim for damages and loss. You can file a claim or lawsuit to hold the landlord accountable for their neglect. The funds you received can pay medical expenses, recoup lost wages, and provide compensation for your pain, mental anxiety, emotional distress and suffering.

Rhode Island Personal injury attorneys who specialize in landlord liability accident claims  and RI premises liability take cases on contingency. This means their legal fees will be paid only through an out-of-court settlement or jury award at trial. These  RI Slip and Fall law firms offer an initial free consultation to discuss your case.