Proving Negligence in a Rhode Island Slip and Fall Case

Proving a slip and fall case in Rhode Island requires establishing that your injuries were the direct result of another party’s negligence. Negligence is a specific legal term involved in most personal injury cases, including slip and fall injuries. There are several factors that make up negligence, and as the plaintiff (the person suing) the onus is on your team to prove all of them in order to have a case. When you consult with a personal injury attorney, they will evaluate your situation for these four factors to determine whether you have a case.

Proving Negligence In Personal Injury Law

Your attorney will evaluate the four factors that make up negligence in order to determine whether it was involved in your case:

1. The other party owed you a duty of care: “Duty of care” in legalese essentially means that the other party was legally required to take certain actions to protect your safety. Duty of care can be implicit or explicit. For example, a nurse is explicitly required to protect a patient. Or, a driver is implicitly required to avoid hitting pedestrians.
2. The party you are suing violated this duty of care: If they owed you a duty of care and did not live up to it, then they breached their duty of care. For example, if you fell because a property owner who was supposed to maintain their property adequately failed to maintain the stairs and did not post signs warning people on the property, they violated their duty to protect people on the property.
3. That breach of duty directly caused your injuries: If the other party’s reckless, careless, or intentional action resulted in your injury, then it fulfills this criteria. Going back to the previous example, if the property owner failed to maintain the property and you fell and suffered broken bones or a concussion due to the fall, this would meet the criteria.
4. The injuries incurred resulted in significant losses: Losses in civil law are generally measured financially. This means that if you only needed some ice, a band-aid, or a few hours off your feet to recuperate from your injury, it’s probably not grounds for suing. However, if your injuries required ongoing hospital treatment or take you out of work for a period of time, you may be able to seek compensation for your losses.

If You Were Partially Liable For Your Injury

Under Rhode Island law, even if you’re partially responsible for your injuries there is still the opportunity to seek compensation. As a “pure” comparative negligence state, Rhode Island courts reduce the award in proportion to the percentage you are determined to be responsible for your injury. This means that whatever percentage you are deemed to be responsible for your injury is docked from your payout.

Contact Us Today

Slip and falls can result in significant injuries, time lost off work, or even permanent disability. If you or somebody close to you was injured due to another party’s negligence, you can seek financial compensation for your losses. Call Tapalian Law to consult with an experienced personal injury lawyer today.