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Rhode Island Slip and Fall Lawyer | Slepkow Law

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Slip and fall claim

Rhode Island slip and fall lawyer

When 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.  Utilizing a RI slip and fall lawyer, you will have to prove your case to a judge and jury and have them rule in your favor to win.

Rhode Island Slip and Fall Lawyer

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. 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.”  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?

700,000 patients a year are hospitalized because of a fall injury

” 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 Criminal Defense Lawyer | Misdemeanors from A-Z

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Rhode Island Criminal Misdemeanor Law

Rhode Island criminal lawyer

Rhode Island criminal lawyer, David Slepkow authored this in depth legal article about RI criminal misdemeanor law.

What is a Rhode Island Criminal Misdemeanor?

A misdemeanor is any offense punishable by up to one year in jail. Typical misdemeanors are: driving under the influence of alcohol / drunk driving (dui / dwi), shoplifting, domestic assault, Second (2nd) offense refusal to take the breathalyzer, driving on a suspended license (3rd offense)*, writing bad checks, domestic vandalism, simple assault and battery, disorderly conduct, domestic vandalism etc.

*1st and 2nd offense driving on a suspended sentences are now decriminalized. There are different rules that apply to driving with suspended licenses and this article does not fully address those provisions.

Rhode Island criminal defense lawyer

It is important that this criminal law article only be used for informational purposes and not as a substitute for seeking independent legal advice from a Rhode Island Criminal Defense Lawyer. It is a very bad idea for a person to represent themselves (pro-se) in a criminal case. Please note that this article only applies to Rhode Island misdemeanor offenses and does not apply to any other states!

After an arrest will the accused be released from police custody?

  • If a person is arrested for a criminal misdemeanor in Rhode Island (RI) there are several potential scenarios.
  • The police could hold the accused and bring him to Court for an arraignment in District Court in the morning.
  • The police also could call a justice of the peace / Bail Commissioner who could arraign the accused at the police station and release the person.
  • The bail commissioner could also set bail in order for the person to be released.

It is usually not advisable for a person to give a statement to the police without a Rhode Island criminal attorney. However, there are exceptions to every rule! The accused who is arraigned by the justice of the peace must still attend a more formal arraignment in District Court after he / she is released from police custody.

BAIL AND ARRAIGNMENT

What is a criminal arraignment? Will I be released on bail? Should I take a plea at an arraignment? The formal arraignment is the court hearing where a criminal defendant either pleads not guilty, or nolo-contendere to the criminal charges. These pleas are described in detail below.

Should I take a plea deal at an arraignment without a Rhode Island Criminal Defense lawyer?

  • NO! It is usually a very bad idea for a person to plea nolo contendere without an attorney at an arraignment.
  • However, there are exceptions to this rule especially if the person will be held as a probation or bail violator.
  • It is usually strongly advisable that the criminal defendant pleads not guilty and retains a Rhode Island criminal lawyer. If the accused cannot afford a private criminal attorney, he should contact the Rhode Island Public Defender’s office.

What is a criminal arraignment? Will I be released on bail? Should I take a plea at an arraignment?

If the accused pleads nolo at the arraignment, hewill be sentenced to a filing, probation , suspended sentence or jail time. Usually, the accused will work out a plea agreement with the police officer prior to pleading nolo contendere at an arraignment.

What is personal recognizance?

At the arraignment in District Court, the accused will typically be released on bail after the person pleads not guilty. An accused should hire a Rhode Island criminal attorney to represent him at an arraignment. For minor misdemeanor offenses, bail is usually personal recognizance which means the person does not have to come up with any actual funds.

  • A defendant released on personal recognizance, has to promise that he will attend court for future hearings and / or trial.
  • Personal recognizance is designated as an amount of funds.
  • However, the accused does not actually pay any money!
  • If the accused fails to attend court, the accused will owe that amount of money to the State of Rhode Island.

What is cash bail?

If the Rhode Island (RI ) District Court judge orders cash bail then the accused must pay that amount in cash to be released. If it is cash bail than the defendant cannot post property.

What is bail with surety?

If the person is repeat criminal offender, the allegations are particularly bad, the person has a history of not attending court or for other reasons, then the court could set bail with surety. This means that the person only has to pay 10 percent of that amount or post property valued at full amount. If a person can not come up with ten percent then they can hire a bail bondsman who will post that amount for a fee. a Bail bondsman’s fee is usually reasonable. If the person attends all Court dates then they will get that money back at the end of the case.

What happens at an arraignment if I am already on bail, on a one year filing or on probation?

If the person arrested was out on bail for a previous offense, is on probation, is in the midst of a one year filing, suspended sentence or deferred sentence than the judge can hold the person as a”violator” pending a hearing. The judge can refuse to set bail and hold a person as a violator at the aci for ten business days which could be up to 14 days.

There will be a hearing 10 days later in which the person will be accused of violating probation or bail and also stand trial on the new charges. Please see below for more information

What is the most advisable plea at an arraignment and what happens next?

At the arraignment, A person should almost always say not guilty and hire a RI criminal attorney. If a person cannot afford a criminal lawyer in RI, then the person should go to the Public Defender. After the arraignment the matter will be set for a pretrial conference a couple of weeks later. In some very limited circumstances a person can work out a plea deal at the arraignment. It is usually a very bad idea for a person to enter into a plea agreement without an attorney.

PRETRIAL CONFERENCE

What happens at the pretrial conference?

At the pretrial conference a person can change their plea from not guilty to nolo contendere if they agree to the sentence offered by the prosecutor after meeting with the prosecutor and or the judge and after finding out what the prosecutor is offering for a a sentence. A defendant can negotiate with the prosecutor through their lawyer. If a plea agreement cannot be worked out at the pretrial conferences the matter will be set for trial. The matter also could be scheduled for motions prior to the trial if motions are requested.

A person should never change their plea from not guilty to nolo contendere or guilty without a plea deal from the prosecutor.

PLEAS

What types of pleas are there in Rhode Island?

In Rhode Island, a defendant can enter one of four pleas:

  • guilty,
  • not guilty,
  • nolo contendere or an
  • “alfred plea”.

Guilty and Not Guilty Pleas

The pleas of guilty and not guilty are obvious. If the plea is not guilty then the matter will be scheduled for a trial on the merits in which the prosecution must prove beyond a reasonable doubt that the person is guilty of the alleged offense. The person will be presumed innocent and it is the prosecutions burden to prove that the person is guilty. Usually, it is a very very bad idea to take a guilty plea! Guilty pleas or a finding of guilt after a trial is always a criminal conviction in Rhode Island.

Nolo Contendere Plea

What is a nolo-contendere plea?

Nolo contendere means a person is not contesting the charges. When a defendant takes a nolo contendere plea in Rhode Island, the defendant is indicting that he does not want to contest the charges but is also essentially admitting to the charges.

What is the difference between a guilty plea and a nolo contendere plea in Rhode Island?

There is a huge difference! A guilty plea is always a criminal conviction under Rhode Island law. A criminal conviction has major negative implications especially when a person applies for employment. A plea of nolo contendere may not constitute a criminal conviction in Rhode Island. A plea of nolo contendere is only a conviction in Rhode Island if there is a sentence of confinement (such as the ACI or home confinement), a suspended sentence or a fine imposed.

For example, A plea of nolo contendere with a sentence of probation and a contribution to the violent crimes indemnity fund or court costs will not constitute a conviction under Rhode Island law! For example, A plea of nolo contendere with a sentence of a filing and a contribution to the violent crimes indemnity fund (vcif) will not constitute a conviction under Rhode Island law.

However, anything with a fine attached to it will be a conviction under Rhode Island law. Therefore, it is important that the defendant gets either no fine or a contribution to the victims fund or court costs rather then a fine.

All misdemeanor plea agreements in Rhode lsland should be nolo contendere with court costs or a contribution towards the victims indemnity fund rather then guilty pleas!

Alfred Pleas

What is an Alfred Plea?

  • Alfred Pleas are strongly disfavored by judges in Rhode Island (RI) and are difficult to get.
  • Alfred pleas derive from a United States Supreme Court case.
  • In an Alfred plea, a defendant will admit that the state has sufficient evidence to convict him or her if the case went to trial but will not admit to anything.

Guilty Finding after Trial and appeals de novo

If the defendant is found guilty after trial the sentence will constitute a conviction. If a person is found guilty at trial in RI District Court they can appeal de novo (of new) to the Superior Court and the conviction will be erased and the case will essentially start all over again in the Superior Court. Obviously, the defendants best result is either a dismissal by the prosecution or an acquittal.

APPEAL

Can I appeal if I am found Guilty after Trial?

A defendant has two days to file an appeal of a guilty finding after trial or appeal a plea agreement that he / she is unhappy with. In the Superior Court appeal, the defendant has a right to a trial by jury. Whereas, in The District Court a person waives their right to a trial by jury but in exchange for their waiver of their right to a trial by jury has the right to appeal any guilty finding de novo (of new) to the Superior Court. A person charged with a misdemeanor essentially has two bites of the apple so to speak. A defendant can attempt to win at a judge decided trial in District Court and then if they lose they can do it all over again with a jury trial in Superior Court.

PENALTIES AND SENTENCES

What is a “filing” in Rhode Island?

  • If the defendant takes a not guilty plea or a nolo contendere plea then the case will be “filed” for a year. This is commonly called a “filing”.
  • If the defendant does not get arrested or get in other trouble and complies with the conditions of the filing during the one year period then the case is dismissed
  • If the accused is not violated, the filing can be easily expunged from a person’s record after the year.

What types of filing are there in Rhode Island

There are two types of filings, not guilty filings and nolo contendere filings. A not Guilty filing is when the defendant maintains his innocence and the case if filed for a year. A not guilty filing is not usually allowed by Judges in the District Court. Not Guilty filings are extremely rare in the District Court. Some judges will not allow not guilty filings as a matter of policy. Not guilty filings are very beneficial to the defendant as the best case scenario short of a dismissal or not guilty finding because if the person is accused of a new crime or violating their filing the state will need to still prove their underlying case.

A nolo contendere filing is when the defendant admits to guilt and the case is filed for a year. The vast majority of filings are nolo contedere filings! A major difference between a not guilty filing and a nolo contendere filing is when a person is violated for a not guilty filing then the state / prosecution must prove guilt at that time. Whereas, if a person is violated for a nolo contendere filing, the judge simply must impose a sentence because the person has already admitted guilt to that offense.

If the person violates his filing by not complying with the conditions of the filing then the persons filing can be revoked by the Court. If a person takes a nolo contendere filing and gets into further trouble, violates the conditions of the filing or is arrested on a new offense then the person will be hailed back into court to be sentenced on the filing. (unless the filing was a not guilty filing which means the prosecution must prove the defendants guilt) There are various conditions that can be put on a filing inluding alcohol and drug counseling, domestic violence counseling or classes, restitution, no contact with the victim and community service.

Violation of conditions of filing

Please note, that a person who has a filing can be held for up to ten busines days at the ACI if arrested for a new charge / crime. Judges typically do not hold people for 10 days when the new charges are minor. However, some judges may threaten to hold someone as a violator unless he or she accepts a probation.  A person who is on a filing must be very careful that he / she stays out of trouble.

If the person is violated from the terms and conditions of the filing then hypothetically the filing could become a conviction because that person has already admitted to the charges by pleading nolo contendere and giving up his right to contest the charges. Court costs will be imposed if there is a nolo contendere filing in a criminal case.

What implications are there for domestic violence offenses in Rhode Island?

If the underlying charge is for a domestic offense such as domestic assault / domestic vandalism or domestic disorderly conduct then the defendant will be ordered to have no contact with his wife girlfriend or the victim as the case may be. If the defendant violates the no contact order then the defendant will be charged with a separate criminal offense of violating a no contact order as well as violating the conditions of the filing or probation, as a result of the communication.

Probation in Rhode Island

If a person recieves probation then they will need to abide by the conditions of the probation and agree to keep the peace and be of good behavior. If a person violates his probation by being arrested for a new crime then the person may be held in Jail at the ACI as a probation violater. After ten days a person has the right to a hearing. At the probation violation hearing, the prosecutor must only convince the judge so that the judge believes by a preponderance of the evidence that the person violated the probation by committing the new offense. Also the person will be prosecuted for the new offense as a separate charge from violating the probation. There is a good chance that if a person is violated for his probation that the probation which was originally not a conviction will now ripen into a conviction.

A probationary period is a time of great risk for a defendant and a defendant must be careful to stay out of trouble!

A person can also be violated for his probation for various infractions that may not be criminal acts but that violate the conditions of probation such as not keeping probation informed of new addresses, leaving the state without permission, not paying court costs or restitution, not properly reporting to the probation officer, etc. When a person is under probation in Rhode Island he or she is essentially is in a contract with the state to keep the peace, be of good behavior and comply with the conditions and rules of probation.

What is a probation with a suspended sentence in Rhode Island?

If the charges are serious or the person has a lengthy criminal record of has already been placed on probation before then in addition to the probation, the judge may attach a suspended sentence. A person who has a suspended sentence is in a period of extreme risk because a new offense could lead to substantial jail time!

A suspended sentence is always a conviction under Rhode Island law. A person with probation and a suspended sentence attached will not spend anytime in prison unless the person violates the conditions of his probation as set forth above.

The period of the suspended sentence is the most time that a person could spend in prison if the person violates the conditions of the probation or commits a new offense. If the person violates the probation, the judge could sentence the person up to the amount of time that is suspended. Please note that the person could get additional sentence and or penalties as a result of the new charge. It is in the defendants best interest to have the period of suspended sentence to be as short as possible. The suspended sentence typically is for the same amount of time as the period of probation.

Please note that if the offense is driving on a suspended license there are special rules that apply that are set forth in the statutes. Most prosecutors and judges believe that each sentence should be more severe then the last. A person’s first minor offense is likely to lead to only a filing which is the lowest form of penalty in Rhode Island. A person usually will only be allowed one filing. It is important that this criminal law article be used for informational purposes only and not as a substitute for seeking legal advice from a Rhode Island lawyer.

NO CONTACT ORDERS

No Contact Orders in Rhode Island explained

  • A “no contact order” means that the defendant is precluded from having any contact and or communication with the victim or the person under the protection of the no contact order.
  • This includes but is not limited to letters, emails, text messages or messages delivered through a third party.
  • In other words if a person is under a no contact order and sees the victim in public they must leave the area immediately and not acknowledge the victims existence.
  • A person cannot even say “hi” if they walk by the victim by chance on the street.

Be very careful! A person can be arrested for violating a no contact order even if the victim initiates the contact and calls the defendant. A person can be charged with breaking a no contact order even if invited by his wife to come back to the marital home. Even if the victim tells you that the no contact order has been dropped, do not take the victims word for it. You must see the piece of paper signed by the judge dismissing the no contact order before any contact or communication is initiated. A no contact order expires when the sentence period is finished. However, be careful because there may also be a restraining order issued as a result of a divorce or family court matter or a District Court restraining order.

A person who is on probation or a probation attached to a suspended sentence must be even more vigilante in order to not violate the no contact order. For example, a single phone call made by the defendant to a victim under the protection of a no contact order probably means a minimum of ten 10 days in jail at the ACI. We are not talking about the local town jail but the ACI.

DUI / Drunk Driving charges

In Rhode Island, any plea to drunk driving, driving under the influence, DUI/ DWI is a conviction under Rhode Island law. A breathalyzer refusal plea of guilty or “admitting to sufficient facts” is not a criminal conviction because a breathalyzer refusal is a civil case.

EXPUNGEMENT IN RI

Rhode Island Liberal expungement Policy & Background Information.Rhode Island (RI) has some of the most liberal expungement laws in the United States. If you are eligible for an expungement, why not get those menacing and harmful criminal records erased, sealed or destroyed! If a criminal record is expunged you are legally allowed to tell others that you have no record.

In order to get a Criminal record expunged in Rhode Island, a motion must be filed and a Court hearing is required. You should contact a Rhode Island Criminal Law expungement Attorney / Lawyer. It is not advisably to file an expungement without a RI lawyer.

Expungement of Dismissed records:

The general rule is that dismissed criminal charges (48a) can always be expunged unless the person has a prior felony conviction. This portion of the statute uses the standard definition of a conviction- a fine, suspended sentence or jail.

Should dismissed charges be expunged?

Many people don’t realize that records of alleged crimes that are dismissed should be expunged / erased. Even though the case was dismissed, there is still an indication on the Rhode Island criminal computer records and on your Bureau of Criminal Identification (BCI) report that you were charged with the criminal offense.

The public can easily view the dismissed records and other Rhode Island criminal records online by googling “rhode island criminal records.” Many people will assume that you did something wrong even if the case was dismissed. Some people will assume that you just “got off on a technicality” or that you are a bad character by the very fact that you were charged. A criminal record could effect your ability to secure employment and often is required to be disclosed on an employment application. A criminal record could also effect your ability to obtain government benefits or a employee promotion.

Are there dismissed charges that cannot be expunged immediately?

A dismissed charge may not be able to be expunged if the related charges cannot be expunged. For example, if you were charged with three offenses related to the same incident and 2 were dismissed but the third you received a sentence of probation. You would have to wait until the probation charge could be expunged until the other dismissed charges could also be expunged. The reason for this is because you cannot destroy portions of a file! I believe the primary reason for this rule is because it is logistically impossible to expunge a charge when there are other records in a related incident that cannot be expunged.

For example, John was charged with domestic assault, failure to relinquish telephone and disorderly conduct arising out of a domestic dispute with his wife related to their pending divorce. John received probation on the disorderly conduct. The assault and failure to relinquish phone charges were dismissed. John would not be allowed to expunge the two dismissed charges and would need to wait five years after completion of the probation to dismiss all the charges.

Expungement of Not Guilty findings.

The general rule is that not guilty findings after trial by a judge or jury can be expunged. However, if the not guilty finding relates out of the same incident for another charge which cannot be expunged then the not guilty finding cannot be expunged. Pursuant to Rhode Island Law the following types of cases can always be expunged: Dismissals, No information, Not Guilty unless the person has a felony conviction on their record

Expungement of one year filings

A filing is a penalty that is typically offered for first time offenders for relatively minor misdemeanors. A filing is the lowest form of penalty available and is always better than probation for an accused. A filing is when the case is put aside for a year and if the person stays out of trouble for a year then the case is eligible to be expunged and destroyed at the end of the year.

A domestic filing such as domestic assault, domestic failure to relinquish telephone or domestic disorderly conduct cannot be expunged for three years. A domestic offense involves the victim as a wife, family member or someone who the accused has been in a substantive dating relationship with.

If a person gets in further trouble during the filing period then the person may be “violated” and the person sentenced again for violating the filing. A person must be very careful to stay out of trouble during the filing period. If the person is charged with a new crime, the person will be brought before the Court as a violator as well as charged with a new crime.

If a person is not violated during the filing period then a filing can be expunged even if there are other offenses after the filing. An unlimited number of filings can be expunged so long as the person was not found to violate the filing. Be careful, do not forget to have your filing expunged at the end of the year! It is not automatic. A certified copy of the expungement order must also be sent to the Rhode Island Attorney General ‘s office and the local police department that pursued the criminal charge.Remember, Under RI Criminal Law, A plea of nolo contendere with a filing and no fine is never a conviction.

Expungement or convictions, suspended sentences, deferred sentences, jail sentences or probation

A misdemeanor or felony conviction is any sentence with a fine, suspended sentence or period of incarceration. Even though probation or a deferred sentence do not constitute convictions under Rhode Island Law they are treated the same way as convictions for expungement purposes. A misdemeanor case with the following sentence can be expunged five years after the completion of the sentence or probationary period: probation, suspended sentence, deferred sentence, stayed sentence, fine, jail.

One misdemeanor conviction can be expunged 5 years after  the end end of a sentence if  certain requirements are met

One misdemeanor convictions can be expunged five years after the completion of the sentence or probationary period so long as the person does not have another conviction. This specifically includes domestic violence offenses and dui offenses.

5 misdemeanor convictions can be expunged 10 years after the misdemeanor sentence is completed but the following offenses are not included in this law:

All offenses that have been decriminalized such as marijuana possession offenses can be expunged.

David Slepkow is a Rhode Island Criminal Defense lawyer concentrating in criminal law, dui / dwi, breathalyzer refusals, slip and fall, restraining orders/ no contact orders, divorce, family law, child custody / support / visitation  and personal injury. David Slepkow is a Rhode Island lawyer concentrating in Family Law. David has been practicing for over 26 years and is licensed in Rhode Island, Massachusetts and Federal Court.

Legal Notice per RI 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.

 

Rhode Island Bouncer Assault Lawyer | Nightclub, Security Guard Injury

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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 fiancée, 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 fiancée 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?”  AVVO   Can I sue a nightclub because the bouncers there severely assaulted me? What are my chances of winning?

Filing a Rhode Island Wrongful Death Lawsuit | Fatal Accident

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Filling a wrongful death lawsuit in Rhode Island

Rhode Island wrongful death lawyer

Surviving  statutorily allowed family members and/ or the spouse of a deceased individual can pursue a wrongful death lawsuit when their loved one has died through negligence caused by another. However, in Rhode Island, only the executor or administrator of an estate can file for wrongful death against a tortfeasor.

Rhode Island wrongful death attorney

The settlement or judgment as a result of the fatal car, truck, motorcycle or premises liability death is not an asset of the estate and is paid pursuant to RI law.  Qualifying immediate family members can include spouses, parents and children of the deceased. A wrongful death cause of action could result from hundreds of different types of mishaps and accidents including, RI car accidents, truck crashes, slip and fall, medical malpractice, motorcycle accidents, bike collisions, bicycle accidents as well as product liability.

Elements of the  wrongful death Case

To be successful at winning a wrongful death lawsuit in Rhode Island, the surviving family members through the RI wrongful death attorney representing the executor or administrator of the estate will need to prove certain elements. These include:

• The death of the loved one is the direct result of action or inaction by the defendant, in part or in whole.
• The death of the loved one can be directly correlated to the negligent action of the defendant.

Proving Negligence

Because the lawsuit is claiming negligence by the defendant or defendants in the case, negligence must be proven according to legal standards. A negligent action is defined as failing to use reasonable care for the situation. As an example, causing an accident while texting or talking on the phone can be deemed negligent. Additionally, surgeons making medical errors causing the patient’s death can be deemed negligent, according to the law.

Proving negligence is required to be successful in winning a wrongful death lawsuit in Rhode Island. The family members need to establish exactly how the defendant’s actions were careless or intentional. In addition in Rhode Island and Providence plantations, a direct link must be established between the death of the loved one and the negligence of the defendant. Often times this is a complex process, and one that requires a comprehensive understanding of  Rhode Island tort law to prove the case. A skilled Rhode Island wrongful death attorney will build the case based on strong evidence and testimony of expert witnesses to pull the elements of a basic RI wrongful death claim together.

Awarded Damages

Usually, wrongful death lawsuits in Rhode Island are filed as a way to recover damages, and hold those legally responsible accountable for their negligence. Often times, family members seek compensation for their grief, pain and suffering, along with recompense to cover a variety of expenses including:

• Immediate costs involved with the death including funeral, burial and medical bills
• Loss of the decedent’s future earnings and capacity to generate retirement income
• Loss of future benefits including medical coverage and pension
• Loss of care, companionship, consortium and protection
• General damages
• Pain, mental anguish and suffering endured by survivors

Wrongful death and punitive damages in RI

In some situations in Rhode Island, punitive damages are awarded to surviving members as a way to punish the defendant, in an effort to minimize the chance of repeating the negligence to others. Often times, punitive damages are handed down when the wrongdoing of the defendant was malicious, intentional, or indicated a total disregard for the sake or well-being of another.

Hiring a skilled  RI personal injury attorney that specializes in  Rhode Island wrongful death is surest way to find out when the family members have a claim worth pursuing. Most Rhode Island wrongful death lawyers, mesothelioma lawsuit attorneys and Providence car accident attorneys offer a free initial consultation and work on contingency. This means no upfront fees will be required, and payment will be taken from the proceeds awarded at trial, or from an out-of-court settlement.

Fatal motor vehicle crash

“There were 29,989 fatal motor vehicle crashes in the United States in 2014 in which 32,675 deaths occurred. This resulted in 10.2 deaths per 100,000 people and 1.08 deaths per 100 million vehicle miles traveled. The fatality rate per 100,000 people ranged from 3.5 in the District of Columbia to 25.7 in Wyoming. The death rate per 100 million vehicle miles traveled ranged from 0.57 in Massachusetts to 1.65 in South Carolina. 1” Insurance Institute for Highway safety, Highway Loss Data Institute , General statistics “Crashes took 32,675 lives in the U.S. in 2014.”References 1 Federal Highway Administration. 2015. Highway statistics, 2014. Washington, DC: U.S. Department of Transportation. 2 Subramanian, R. 2002. Transitioning to multiple imputation — a new method to impute missing blood alcohol concentration (BAC) values in FARS. Report no. DOT HS-809-403. Washington, DC: National Highway Traffic Safety Administration. 3 National Highway Traffic Safety Administration. 2015. Seat belt use in 2014 — use rates in the states and territories. Report no. DOT HS-812-149. Washington, DC: U.S. Department of Transportation. 

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 Drunk Driving Accident Victim’s Injury Lawyers

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The numbers of drunk driving injuries and fatalities are beyond startling. They’re frightening. According to the Centers for Disease Control and Prevention, about 30 people die every day in motor vehicle crashes involving drivers who had become impaired by alcohol consumption. That’s a death about every 51 minutes. Every two minutes, somebody is injured in a drunk driving accident. In 2013, the Federal Bureau of Investigation concluded that about 300,000 people drive drunk every day. It found that only about 4,000 per day were arrested.

Rhode Island drunk driving accident victim lawyer

Drunk driving statistics for 2014 were released by the National Highway Traffic Safety Administration (NHTSA) in the last quarter of 2015. As per the NHTSA, there were 9,967 deaths involving alcohol impaired drivers in 2014. Those fatalities accounted for an astounding 31 percent of all traffic fatalities. The scary fact is that the final numbers aren’t in yet for 2015, but the NHTSA says that deaths from alcohol impaired drivers in 2015 are up by 8.1 percent.

The criminal case against the drunk driver

If the drunk driver is caught by law enforcement, he or she will face a criminal prosecution. It’s unlikely though that a criminal prosecution will bring you the compensation for your injuries or the loss of a family member. You’ll need to file a civil case.

The civil case against the drunk driver in Rhode Island

The civil case against a drunk driver is entirely different than a criminal prosecution. The civil courtroom is where you bring your case for damages as a result of the wrongful acts of the drunk driver. Damages might consist of but not be limited to:
• Past and future medical bills
• Past and future lost earnings
• Pain and suffering
• Permanent disability
• Permanent disfigurement
• Funeral and burial expenses
• Punitive damages

The civil burden of proof in Rhode Island

In the criminal case, the prosecution must prove the drunk driver guilty beyond a reasonable doubt. In a civil case, the burden of proof is lower. You need only prove your case by a preponderance of the evidence. Drunk driving accidents in providence are preventable because people choose to get behind the wheel after drinking. We’re experienced, aggressive, successful but compassionate. Victims of drunk driving crashes deserve to be fairly compensated.

Article authored by a Rhode Island drunk driving accident lawyer. According to the Centers for Disease Control and Prevention, 28 people die every day as a result of alcohol-impaired driving. This figure translates to one death in every 53 minutes. Alcohol-related accidents also take a huge toll on the economy, costing the taxpayers more than $44 billion annually. Over the years, the government has employed stringent measures to reduce the death toll from impaired driving.

If you were injured as a result of a reckless drunk driving accident, you need to retain a top Rhode Island personal injury lawyer to hold the criminal tortfeasor accountable  and liable for their reckless and destructive conduct. A RI personal injury lawyer who is also a Providence drunk driving accident attorney will get the injured victim justice as a result of the drunk driving crash.

Rhode Island drunk driving accident victim injury attorney

Rhode Island Drunk auto Accidents

Drunk driving accident

Driving while impaired is considered a criminal offense. A DUI charge is issued to a driver who is caught driving with a blood alcohol concentration (BAC) of 0.o8% or more.  A Drunk driving charge in Rhode Island and Providence plantations can be supported by visual evidence of impairment without a breathalyzer test.  In Rhode Island  a persons under the age of 21 can be charged with a DUI offense for a lower amount of alcohol. DUI convicts can face jail time, hefty fines and a license suspension. If you or a loved one has been victims of an accident as a result of drunk driving, you should seek recourse from the law. Seeking representation from a RI personal injury attorney who is also a Providence car accident attorney is wise. These Rhode Island drunk driving accident lawyers can help you get fair compensation for the damages and injuries incurred in an accident.

§ 31-27-2 Driving under influence of liquor or drugs.

“(a) Whoever drives or otherwise operates any vehicle in the state while under the influence of any intoxicating liquor, drugs, toluene, or any controlled substance as defined in chapter 28 of title 21, or any combination of these, shall be guilty of a misdemeanor, except as provided in subdivision (d)(3), and shall be punished as provided in subsection (d).

(b)(1) Any person charged under subsection (a), whose blood alcohol concentration is eight one-hundredths of one percent (.08%) or more by weight, as shown by a chemical analysis of a blood, breath, or urine sample, shall be guilty of violating subsection (a). This provision shall not preclude a conviction based on other admissible evidence. Proof of guilt under this section may also be based on evidence that the person charged was under the influence of intoxicating liquor, drugs, toluene, or any controlled substance defined in chapter 28 of title 21, or any combination of these, to a degree that rendered the person incapable of safely operating a vehicle. The fact that any person charged with violating this section is, or has been, legally entitled to use alcohol or a drug shall not constitute a defense against any charge of violating this section.” TITLE 31 Motor and Other vehicles CHAPTER 31-27 Motor Vehicle Offenses SECTION 31-27-2

There are several ways in which alcohol can increase the risk of accidents

Alcohol slows you down. Alcohol has a significant effect on the body’s response mechanism. For starters, it slows down your brain, and this makes you more prone to causing accidents. In addition to this, alcohol can:

  • Cause drowsiness
  • Affect your ability to reason properly
  • Slow down your reactions
  • Affect your concentration ability
  • Offset your sense of balance
  • Impair your vision
  • Give you double vision
  • Reduce your night vision ability
  • Give your blurred vision

impaired drivers very dangerous on the roads

As evidenced, these risk factors make impaired drivers very dangerous on the roads. They are not just a risk to themselves but other drivers and pedestrians. The injuries suffered in an accident can have far-reaching consequences. This is why you need to seek representation.

Rhode Island drunk driving accident attorney

Personal injury cases are often characterized by confusing legal procedures and medical terms. There is also so much paperwork that needs to be correctly filled. When you have suffered an injury, you will not be in the right frame of mind to deal with the red tape that often typifies injury cases. A qualified personal injury lawyer can help you navigate the process. The experience and knowledge of the law of these lawyers can work in your favor and help you secure the compensation you deserve.

Fatal drunk driving accident in RI

If a loved one, spouse, family member or child was killed in a fatal drunk driving accident than the family must retain a Rhode Island personal injury lawyer who is also a RI wrongful death attorney. A Providence wrongful death lawyer will be an expert in RI wrongful death laws as well as familiar with wrongful death lawsuits in Providence Superior Court.

The facts of a fatal drunk driving cause of action in RI

Maureen O’CONNELL, et al.v. William WALMSLEY, et al.v. Tapco, Inc., et al.”The tragic facts of this case emanate from a horrific automobile collision that occurred at approximately 10:30 p.m. on Sunday, March 9, 2003, in the Town of Coventry, Rhode Island. Earlier that evening, a group of young friends, Brendan O’Connell Roberti (Roberti or decedent), Jason Goffe (Goffe), Michael Petrarca (Petrarca), Frank Paolantonio, Jr. (Paolantonio), Erin Grant (Grant), and Derek Zisk (Zisk) met at Shooters, a pool hall and bar located on Cowesett Avenue in West Warwick. The friends remained there for a few hours, playing pool and enjoying a few rounds of drinks; at around 10 p.m., they decided to depart and travel to Zisk’s house, located off of New London Turnpike in Coventry.”

Rhode Island drunk driving accident

“The group left the pool hall in three separate vehicles. Petrarca, who drove a commercial Ford F350 truck with Paolantonio as his passenger, turned left out of the parking lot onto Cowesett Avenue. Goffe followed in his Toyota Corolla, accompanied by Roberti in the passenger seat. Finally, Grant, traveling with Zisk, drove the last vehicle out of the parking lot, and remained—at all times—behind the other vehicles.”

“According to the occupants of Petrarca’s truck, moments after leaving the Shooters parking lot, Goffe increased his speed, crossed the center line of the two-lane road, and passed the truck on the left. The Toyota then returned to the correct lane of travel and continued traveling at a speed of between forty and fifty miles per hour to the end of Cowesett Avenue; both vehicles then turned left onto Main Street and continued toward New London Turnpike, with Goffe’s Toyota still ahead of the truck. After traveling approximately one-half mile, the vehicles were required to turn left and proceed around a triangular median, in order to access New London Turnpike. Petrarca avoided this route, however, by making an illegal turn onto a one-way street and passing the Toyota on the left, thereby regaining the lead as Goffe made a legal left turn onto New London Turnpike. Petrarca testified that he made this fateful maneuver “as a joke,” however, he agreed that at this point, “it was getting a little crazy.”

New London Turnpike into Coventry

“The vehicles continued west on New London Turnpike into Coventry; the road was straight with intermittent hills and dips. Although Grant continued to follow the Petrarca and Goffe vehicles, she testified that when she realized that she was traveling at about fifty miles per hour, she slowed down and saw the other vehicles speed away. According to Grant, it appeared that the two cars were racing because “they were about even with each other driving [in] the same direction,” with Goffe’s vehicle on the left side of Petrarca’s truck, facing oncoming traffic. A dip in the road caused Grant to momentarily lose sight of the two vehicles; however, when they reappeared she saw headlights approaching from the opposite direction and watched as Goffe’s vehicle swerved 63*63 into the westbound lane in front of Petrarca’s truck.”

“Petrarca testified that he was traveling around fifty miles per hour in the westbound lane when he looked out the driver’s side window and saw Goffe’s vehicle alongside his truck, traveling in the eastbound lane. His passenger, Paolantonio, saw headlights approaching from the opposite direction, “probably a lot more than” 500 to 800 feet away. He advised Petrarca to slow down. Petrarca complied and allowed the Toyota to pass; however, according to Petrarca, Goffe passed him “like I was standing still”; he estimated Goffe’s speed to be around seventy miles per hour. Petrarca testified that Goffe’s vehicle reentered the westbound lane a few seconds later, at which point Petrarca first noticed the headlights of a vehicle approaching from the opposite direction. Petrarca saw the Toyota’s brakes applied momentarily before the car “sh[ot] right back into the oncoming traffic lane” at an angle, as if the car was turning left.”

“Paolantonio testified that the Toyota “was already on an angle” when it reentered the westbound lane and that after Goffe passed his truck, he “never had control of the vehicle.” According to Paolantonio, the distance between Goffe’s vehicle and the approaching headlights was “a lot more than” 300 feet when the Toyota began to spin out of control. Goffe’s vehicle then turned into the opposite, eastbound lane at a 180-degree angle when the front end of a vehicle driven by William Walmsley (Walmsley or defendant) collided with the passenger side of the Toyota. Neither Petrarca nor Paolantonio saw Walmsley brake or slow down, leave his lane of travel, or otherwise make any attempt to avoid the accident. Significantly, Paolantonio testified that Walmsley “probably could have braked * * * because he could have seen [Goffe] spinning out of control long before that.”

“As a result of the accident, twenty-year-old Goffe[1] and twenty-two-year-old Roberti were pronounced dead at the scene. Walmsley and his passenger, Brenda Chandler (Chandler)—who was Walmsley’s fiancee at the time, and who had fallen asleep before the collision—were both seriously injured and taken to the hospital. There, Walmsley’s blood was drawn, revealing a blood alcohol level in excess of the legal limit. Walmsley later testified that, at the time of the collision, he and Chandler were returning home from the Mohegan Sun Casino (casino), where they had spent the afternoon eating, drinking, and gambling. Walmsley testified that he had consumed between two and five beers at the casino, but denied that he was in any way impaired by alcohol consumption. Walmsley estimated that he was traveling thirty-five miles per hour and stated that the last thing he remembered was traveling down a hill.[3] Although Walmsley testified that at no point was his view of the road obstructed, he admitted that he did not see Goffe’s vehicle or any other headlights before the collision, nor did he apply his brakes or take any evasive action to avoid the accident.”  93 A.3d 60 (2014) Maureen O’CONNELL, et al. v.William WALMSLEY, et al. v. Tapco, Inc., et al. No. 2011-199-Appeal. Supreme Court of Rhode Island. June 23, 2014. Gregory S. Inman, Esq., Coventry, for Plaintiffs. David E. Maglio, Esq., Providence, for Defendants. Present: SUTTELL, C.J., GOLDBERG, FLAHERTY, ROBINSON, and INDEGLIA, JJ.

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.

Wrong-way Accident Lawyer | Head-On Crash Attorney

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Wrong Way Head-on Vehicle Crash

Wrong way accident lawyer

Wrong-way car, truck, motorcycle and motor vehicle collisions are a very serious problem in Rhode Island and across the United States. These motor head-on vehicle wrecks are relatively infrequent but are a very serious social issue considering that such a high percentage are fatal or lead to catastrophic injuries.

Wrong-way driving often drunk driving related

Sadly, recent measures taken by the State of Rhode Island Department of Transportation were not enough to prevent another wrong-way vehicular accident on Interstate 95 in Providence on August 22nd, 2105. It is nearly impossible to separate the issues of wrong-way driving from drunk driving because such a high percentage of wrong-way collisions are caused by intoxicated or drugged drivers.

More still needs to be done by Federal and State authorities to protect motorists, pedestrians, bus passengers, motorcyclists and van drivers from wrong-way drunk drivers who cause serious deadly head on collisions. Many wrong-way collisions are also multi-vehicle accidents and some cause multiple fatalities/ deaths.

60 percent of  deadly wrong-way collisions drinking related

The National Transportation Safety Board in its special investigative report on wrong-way driving accidents stated “Investigators identified driver impairment by alcohol as a leading factor in wrong-way driving collisions. Seven of the nine wrong-way drivers in the NTSB investigations covered in this report had BACs of 0.15 or higher. NTSB analysis of FARS data for 2004–2009 found that of the 1,566 wrong-way drivers in fatal crashes, 60 percent (936 drivers) were classified as drinking.55 Of the 1,150 wrong-way drivers involved in fatal collisions with known BAC results,56 about 59 percent (684 drivers) had high BAC levels—at or above 0.15. By contrast, of all drivers involved in fatal crashes on US public roads during the same time period, about 22 percent had BACs reported at or above 0.15.”

The Rhode Island Department of Transportation (DOT) reported, “Nationally, about 360 people die each year in one of these crashes. Here in Rhode Island, we have witnessed 10 fatal crashes, resulting 13 deaths since 2008. Alcohol impairment is a leading factor for wrong-way crashes, and most happen on weekends and during evening and overnight hours.”  DOT   The RI DOT also stated, “In 2015 we completed a $2 million project to upgrade the signing and striping at 145 locations (more than 200 actual ramps) and install detection systems at 24 high-risk areas. These systems not only alert a driver who traveling in the wrong direction, they notify police and other motorists of a potential wrong-way driver.” RI DOT  

August 22nd, 2015 Providence crash

Sadly the measures instituted by the State of Rhode Island and Providence Plantations were not enough to prevent another tragic wrong-way accident on Route 95 in Providence on August 22nd , 2015. Apparently, at the time of the Providence motor vehicle crash, the wrong-way system had not been implemented on the ramp where the motorist entered on the highway off ramp. Wrong-way driver, 26, dies in early-morning crash on Route 95, injuring 1 person who was hit head-on” This wrong-way motor vehicle crash was near the Providence Place mall in Providence RI. This automobile collision occurred at around 4:30 am when a motorist entered an off ramp and went in a Southward direction in the North bound lane. The offending motorist crashed into another motor vehicle, minivan, in the high speed lane on the highway.

Dead at the scene of the wreck

The Providence Journal reported “as the wrong-way driver, suffered fatal injuries as a result of the crash and was pronounced dead at the scene.” The minivan driver’s injuries were serious but not life threatening. The minivan driver was transported to Rhode Island Hospital after being extricated by Providence emergency personnel. Channel 10 News reported, “RIDOT closed the left hand lane of the highway, while state police and accident reconstruction teams worked at the scene.”  Turn to 10 

“Wrong-way collisions occur relatively infrequently, accounting for only about 3 percent of accidents on high-speed divided highways, but they are much more likely to result in fatal and serious injuries than are other types of highway accidents.” NTSB 

Rhode Island personal injury lawyer can help

If you are a victim of a wrong-way collision or your spouse, family member or loved one was killed in a fatal wrong-way accident then contact a RI personal injury lawyer or a Providence wrongful death attorney as soon as possible. Only an experienced Rhode Island personal injury attorney or RI car accident lawyers can help you get the compensation that you deserve. A RI bankruptcy lawyer or a speeding ticket lawyer with no experience in fatal / deadly car accidents in RI will try to settle the matter quickly and in the end get you pennies on the dollar. In the event of a fatal car accident death in Rhode Island and Providence Plantations, family members are not able to file a wrongful death lawsuit seeking damages as a result of the deadly wreck. Only the executor or the administrator of the estate of the deceased can retain a Rhode Island wrongful death lawyer to seek compensation for the estate of the person who was killed in the crash. Any settlement or judgment proceeds received by the executor are not assets of the deceased probate estate but are paid to the statutory beneficiaries per the terms of the RI wrongful death statute.

Who is entitled to receive compensation in the event of a wrongful death in Rhode Island?

Rhode Island General law 10-7-2 in the RI wrongful death statute states “”§ 10-7-2 Persons who may bring actions – Limitation of actions – Minimum recovery period. – Every action under this chapter, other than one brought under § 10-7-1.2, shall be brought by and in the name of the executor or administrator of the deceased person, whether appointed or qualified within or without the state, and of the amount recovered in every action under this chapter one-half (1/2) shall go to the husband or widow, and one-half (1/2) shall go to the children of the deceased, and if there are no children, the whole shall go to the husband or widow, and, if there is no husband or widow, to the next of kin, in the proportion provided by law in relation to the distribution of personal property left by persons dying intestate;..”

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 Hit and Run Accident Lawyer | Slepkow Law

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Hint and run compensation in Rhode Island

Rhode Island hit and run accident lawyer

Any individual involved in a moving vehicle accident is required under Rhode Island  law law to stop immediately in a safe location and provide all necessary contact information. Fleeing the scene of the accident in RI is considered a crime where the motorist can be charged with a hit-and-run accident.

Rhode Island hit and run accident lawyer

The requirement to stop  extends to any individual involved in the event, even those who are not at fault for the accident. If only property damage is involved, the driver is still required to stop and leave their name, address and other contact information. Depending on the type of accident, a hit-and-run can be considered a misdemeanor or felony crime. Typically, if any individual suffers injuries or is killed during the accident, the driver fleeing the scene is likely committing a felony. If only property damages involved, fleeing the accident without stopping might be misdemeanor offense.

Why Drivers Flee the Scene of a wreck

The reasons why some motorists flee the accident scene vary greatly. Often times, when the driver is apprehended after the accident, they often express some remorse for their behavior but rarely have a justifiable reason for fleeing the scene with injured victims without calling for medical assistance.

In many incidences, the hit-and-run driver will indicate they left the scene of the accident out of fear of punishment by law enforcement. Other times, fleeing motorists will leave the scene because they were driving while intoxicated or under the influence of drugs during the accident. Additionally, not having proper insurance and registration on the vehicle are other factors that often cause hit-and-run drivers to flee the scene.

Taking Civil Action in Providence Superior Court

While the hit-and-run motorist might be guilty of a misdemeanor or felony criminal charge, they can also face civil action by the victim or surviving family members of a deceased victim. Even if the fleeing driver was never apprehended, the crash victim might still be entitled to receive financial compensation for their damages, losses and injuries incurred during the accident if the motorist has uninsured motorist protection. The victim can  receive uninsured motorist compensation from their own insurance carrier even if the fleeing driver is uninsured or under-insured to adequately cover the financial expenses of the victim.

A skilled  RI uninsured motorist car accident attorney can seek financial compensation on behalf of the victim from a variety of sources including the driver, the victim’s insurance policy and additional third parties, which could include a bar or restaurant establishment. If the  RI personal injury attorney can prove that the fleeing motorist was served an excessive amount of alcohol from a bar or restaurant just before the accident, the law firm may be able to establish third party liability under the state’s dram shop laws.

Hiring a Providence auto accident attorney

An experienced  Ocean State law firm that specializes in hit and run accidents can build a solid claim for financial compensation. They typically have access to an impressive array of valuable resources to assist in proving the case that include:

• Accident Investigators – Typically, the law firm will hire professional investigators to explore details of the accident. Their efforts help determine the identity of the driver at fault and establish what caused the collision.

• Accident Reconstructionist – Using forensic science, experts can reconstruct the accident to help prove the case in front of a judge and jury.

• Experienced Lawyers – Attorneys at the law firm skilled in personal injury claims can take an aggressive approach to settle the case out of court.

If you, or a loved one, are a victim of a hit and run accident, you likely have a valid claim to seek full and complete compensation for your injuries. Experienced RI personal injury attorneys who specialize in vehicle accidents will usually accept your case on contingency, meaning you will not be required to pay any upfront fees.

Sadly many hit and run accidents are fatal / deadly necessitating the estate of the deceased motorist to retain a RI wrongful death lawyer.

 

Lawsuits against Towns and Cities for Injuries in Rhode Island

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Rhode Island sinkhole fall case

Lawsuit against Rhode Island town

The Providence Superior Court justice granted the Defendant Town Of Lincoln’s motion for summary judgment in favor of the defendant town of Lincoln*. The RI Supreme Court affirmed the lower Court ruling determining that two legal notices sent by the injured victim’s lawyers were defective under RI law which according to the Court was clear and well established precedent. The victim asserted that ““the street collapsed under her, causing her to fall into a large sinkhole.” She claimed serious injury and faulted the town of Lincoln for improper maintenance which caused a “hazardous condition” Maria Carbone :v. :John Ward, in his capacity as Finance Director for the Town of Lincoln et al. No. 2011-276-Appeal.

Lawsuit against RI town

The Providence Superior Court Judge believed that 2 attempts to give notice by two different RI personal injury attorneys were both defective and did not meet the statutory and common law requirements. In layman’s terms, the victims claims for compensation for injuries as a result of a premises liability fall were dismissed on a legal technicality resulting from lack of proper notice. The Providence Superior Court Justice ruled in favor of the defendant’s determining that two different Rhode Island slip and fall attorneys for the injured victim failed to comply with RI Negligence Law by giving proper notice to the town of Lincoln (The Second notice was given by Plaintiff’s current  RI appellate Injury lawyer as an amended notice.) Id.

Shame on these RI injury lawyers

(Editor’s notes: C’mon Man! Established RI common law interpreting Rhode Island Statutes is clear that proper notice must be given. Shame on these Rhode Island tort lawyer’s for not properly reading and or interpreting clear RI precedent concerning notice to a town for premises liability injury. And then there is an amended notice and the amended notice gets it wrong, again. Pathetic, actually! Somebody, may be checking their legal malpractice policies?) 

Certainly, this lower court decision was not on the merits of the injured victim’s cause of action. It is unclear whether the victim broke a bone, fractured a wrist or the extent of her injuries. The plaintiff appealed this decision to the highest Court in Rhode Island sitting in Providence, the RI Supreme Court.

RI Supreme Court speaks

The RI Top Court, affirmed the decision of the motion justice. The top court rejected both notices asserting that “Our precedent is clear.” as to notice required when someone is injured on a sidewalk, highway, street or other area in a town or city in Rhode Island. Id. “[p]laintiff‟s notice did not fix the location in a [reasonably] sufficient manner.” The statute clearly and unambiguously requires that the notice of claim must be specific, therefore the notice in the case at bar must be deemed insufficient.” Id. ““[W]hen a notice of claim fails to provide substantial certainty about the time and place of the injury and the character and nature of the defect that caused it, a suit for failure to maintain the property cannot be preserved.” Id. Prout, 996 A.2d at 1143. Id.

As a result of the appellate win by the town of Lincoln’s premises liability lawyers’, the Plaintiff never got her day in court to prove that the town of Lincoln was negligent and such failure of due care caused her injuries.

Applicable Facts:

“On April 3, 2008, plaintiff sent a notice of claim to the town for injuries she sustained on March 31, 2008, alleging that “the street collapsed under her, causing her to fall into a large sinkhole.” The place of incident was described as a “[s]idewalk and street outside of the Coventry Credit Union at the corner of Railroad Street and Summer Street.” The notice stated that plaintiff “sustained serious personal injury due to this incident” and faulted defendants “for failure to properly maintain said area, resulting in a hazardous condition which injured Ms. Carbone.” On April 11, 2008, plaintiff sent a second notice, indicating that the injury occurred when she fell in a hole “on Winter Street parallel to Railroad Street in the Town of Lincoln/Manville, Rhode Island.” The record reflects that the notice of April 3, 2008, which was sent by plaintiff’s first attorney, may have been incorrect; the April 11, 2008 notice was sent by plaintiff’s second—and current—attorney.” Id.

RI Statute:

§ 45-15-9  Notice of injury on highway or bridge – Commencement of action. 

“(a) A person so injured or damaged shall, within sixty (60) days, give to the town by law obliged to keep the highway, causeway, or bridge in repair, notice of the time, place, and cause of the injury or damage; and if the town does not make just and due satisfaction, within the time prescribed by § 45-15-5, the person shall, within three (3) years after the date of the injury or damage, commence his or her action against the town treasurer for the recovery of damages, and not thereafter.”” “The statutory duty of municipalities to maintain all highways located within their borders“extends to sidewalks contiguous thereto.” Town of Lincoln v. State, 712 A.2d 357, 358 (R.I.1998); see also Barroso v. Pepin, 106 R.I. 502, 508, 261 A.2d 277, 280 (1970) (“It appears to be well settled in this state that the liability of a municipality to keep its sidewalks safe is established by statute.”). Id.

RI Supreme Court reasoning:

The Rhode Island Supreme Court quashed plaintiff’s Personal Injury Premises Liability claim when it ruled “Our precedent is clear. In this case, plaintiff failed accurately to describe the place of injury. The first notice incorrectly described a “sidewalk and street outside of the Coventry Credit Union at the corner of Railroad Street and Summer Street.” The second notice stated that plaintiff fell in a hole “on Winter Street parallel to Railroad Street in the Town of Lincoln / Manville, Rhode Island.” Although the statute does not require “complete accuracy,” this notice is deficient in more than one respect and neither the first nor the second notice identifies the location of the defect in a reasonably sufficient manner.” Id.

Read also: Prout v. City of Providence, 996 A.2d 1139 (R.I. 2010) Supreme Court of Rhode Island *(Lincoln is near Cumberland, Central falls, Pawtucket, Providence Woonsocket and North Smithfield)

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.

How to avoid a back injury while driving in the UK

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Avoiding driver back injury

Back and neck injury

This article authored by Carla Steve pertains to Personal Injury Law in The UK which is vastly different from Accident Laws in Rhode Island.  These are the opinions of Carla Steve. If injured in a RI Motor Vehicle Accident, Please contact East Providence RI Personal Injury Lawyer, David Slepkow 401-213-8073

Back injury and driving

Many accidents at work compensation cases involve workers who have developed back injuries while driving. These do not necessarily involve motor vehicle accidents – people who have to spend a long time in the same position are liable to experience back pain, while repetitive motions, uncomfortable weather and a lack of mobility can lead to back injuries.

Car manufacturers aware of risk 

Car manufacturers are aware of this risk and have developed a range of technologies and tools that can reduce the likelihood of their customers developing back problems. Employers should also be aware of this danger and should perform risk assessments when staff have to complete long car journeys. This could see employees told to take breaks regularly, to ensure they do not feel overtired or to be seated comfortably. While staff have a duty to take care of their own well being, employers who do not allow their staff to fulfill this duty can find themselves liable in back injuries compensation claims.

So how can I reduce the likelihood of myself or my employees developing back injuries when on-the-road? Listed below are a few tips that you could use to achieve this goal.

1 – Take regular breaks to prevent Back injury

The Highway Code recommends that all drivers take a break of 15 minutes every two hours of driving. When drivers stop for a break, they should get out of the car, stretch, walk around and ensure they feel capable of continuing on their journey. Many people drink coffee or have a bite to eat, which gives them quick energy and allows them to continue on their journey.

Taking breaks does not only mean you can avoid back pain caused by driving by stretching and moving around, but it also means you are much less likely to be involved in a motor vehicle accident. Experts believe tiredness can be as dangerous as drunkenness when people are behind the wheel, while falling asleep puts you at huge risk of causing a road traffic accident.

2 – Position the seat correctly | back injury

You ought to be sat with your bottom all the way back in the seat, using the back of the seat to support your spine and cushion your back. The back of the seat should be slightly tilted back, but only by between 95 and 110 degrees. Most people have it tilted back at a far greater angle, which encourages slouching and can lead to back pain. You can slightly adjust this angle during particularly long journeys so that you are not constantly stressing the same parts of your body.

You should be able to reach the pedals comfortably without straightening your knee but you should not be cramped. Shorter people may be able to buy pedal extensions from a dealership. Your knee should not be straight and your thighs should be as far apart as is comfortable. The headrest should be as close to your head as possible and should be at around eye height. You may suffer a whiplash injury if your headrest is too far away. If the headrest is too far away and you cannot get it close enough to you, you may have to adjust the tilt of the backrest.

3 – Position the steering wheel correctly

Many cars also allow drivers to alter the steering wheel’s position so it is comfortable, although this feature may not be available in older models. Your palms should be slightly lower than your shoulders when in the ’10-and-2′ position and your elbows should be slightly bent. Ideally, the steering hub should be around one foot away from the sternum.

Avoid motor vehicle accidents and back injuries claims

Having plenty of room to move around in and to drive comfortably should reduce the likelihood of you suffering back pain or having to make a back injuries compensation claim. And while accident at work solicitors frequently deal with employees who feel they were unable to adjust the car or to take breaks, or who feel the training they received from their employer was inadequate, people have a duty to take care of their own well being. Cars have plenty of features in them that can ensure drivers to not experience back pain, and motorways in the UK have service stations at regular intervals, so there is no excuse to drive for more than 2 hours without resting or to compel your employees to drive for this length of time without a break.

Not only will you avoid suffering back pain, but you will also significantly decrease your likelihood of being involved in a motor vehicle accident. However, if you have suffered a back injury while driving that wasn’t your fault or was due to another person’s negligence, you should speak to personal injury solicitors about claiming for compensation.

Author Bio:-
Carla Steve works alongside unions and health and safety representatives to drive down the number of back injuries compensation claims and accidents at work. She lives in Suffolk with two cats, and enjoys watching movies with her friends, strumming out songs on her acoustic guitar, and listening to classic rock or Radio 4.

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 Premises Liability Attorney | Landlord Liability

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RI Landlord premissis liability

Rhode Island premises liability lawyer

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. A Rhode Island premises liability lawyer will help you get the justice and compensation you are entitled to.

Rhode Island Premises Liability Attorney

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.

Injuries from a fall  in Providence

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.