Rhode Island Slip and Fall Accidents – A Providence Lawyer Explains
In Rhode Island, property owners and employers are responsible for keeping their property safe. But when someone neglects proper safety measures, you could suffer a life-changing slip and fall accident.
In 2022, falls were the leading cause of non-fatal injuries and resulted in more than 8.5 million emergency room and doctor’s office visits. Luckily, there may be ways you could recover damages for your medical bills – like filing a personal injury claim.
What is a slip and fall accident?
A “Slip and fall” is a type of premises liability personal injury claim where someone trips, slips, or falls on another person’s property because of a dangerous condition. One classic example is a freshly mopped floor without a rope or warning sign.
Other common causes of slip and fall accidents include:
- Wet, icy, or slippery surfaces
- Stairs with loose or missing handrails
- Rotting balconies, decks, or porches
- Malfunctioning equipment, such as elevators, escalators, or automatic doors
- Uneven surfaces or holes in the floor or stairs
- Building code violations
What are the most common slip and fall injuries?
Depending on the severity of the incident, a slip and fall could result in injuries like:
- Broken bones
- Cuts and abrasions
- Soft tissue damage
- Traumatic brain injuries (TBI’s)
- Spinal cord injuries
- Joint injuries
Who’s most at risk?
Slip and fall accidents can happen to anyone. But two particularly at-risk groups include:
- Older adults. According to the CDC, falls are the leading cause of injury and death for older adults. Unsafe environments can exacerbate the danger.
- Construction workers. Non-fatal slips, trips, and falls are a leading cause of missed work time in the construction industry.
What should you do after a slip and fall?
If you’re injured, following a few basic steps early could help you build a stronger case and improve your chances of getting a personal injury settlement. The first steps to take after a slip and fall include:
- Seeking medical attention. If emergency services don’t arrive at the scene, get medical help as soon as you can. Not only does quick medical treatment help detect hidden injuries or complications, it also establishes an early paper trail.
- Contacting the property owner. Make sure the property owner or manager knows about the incident. If you fell at work, notify your employer. If possible, send the message in writing, such as by email or text, so you have documentation.
- Gathering evidence. Start collecting evidence of the incident early on, such as taking photos of the scene, the hazard that caused your fall, and your injuries. Gather contact information of any witnesses and ask them to write or record statements for you.
- Avoid admitting fault. Avoid statements like “I’m fine” or “my bad” at the accident scene. An insurance company might use these against you during negotiations. Learn more about mistakes to avoid after a slip and fall on our blog.
Who’s liable for a slip and fall accident?
That depends on where your accident occurred. If you fall at work, your employer’s worker’s compensation insurance may cover the claim.
If you fall on another person’s property, like at a restaurant or shopping center, you might be able to recover damages from the owner’s liability insurance. But first, you’ll need to prove that the other party was “negligent” somehow.
What counts as negligence?
If a property owner knows about unsafe conditions but fails to take any steps to rectify them, then they could be found negligent in a slip and fall claim.
For instance, say that the railway on a store’s staircase is loose. When you grab it for balance, it detaches, and you fall and break your leg. The store owner or manager should have reasonably known that the loose railing was hazardous for visitors. So, they should have taken action, such as repairing it or putting up a warning sign. Their failure to keep the property safe could constitute negligence.
What’s the average slip and fall injury settlement amount?
The average slip and fall worker’s compensation claim is $51,047, according to 2021 and 2022 data from the National Safety Council (NSC). That said, worker’s compensation claims typically only cover medical bills and lost wages.
The settlement from a personal injury claim can differ, especially since you may be able to recover additional damages, like pain and suffering. But every case is different, so consult a personal injury lawyer to understand what your claim is worth.
Can you get money for a slip and fall if it’s partially your fault?
Possibly! Worker’s compensation claims don’t consider fault. So, your employer’s workers’ comp insurance should cover your medical bills, regardless of whether or not they were “negligent.”
If you’re filing a personal injury claim, Rhode Island’s “pure comparative negligence” system may help you recover a partial settlement.
Here’s how it works: Imagine you slipped on a wet floor without a sign, resulting in a broken arm. However, you were texting when you slipped. Because you were distracted when you fell, a judge might find you 50% at fault. This means the other party would be liable for paying 50% of your medical bills.
Other conditions that could affect fault in a personal injury claim include:
- The victim was trespassing when the slip and fall occurred.
- The victim’s slip and fall occurred in a marked off-limits area.
- The cause of the slip and fall didn’t reasonably warrant signs or warning.
How long after a slip and fall can you sue?
In Rhode Island, the statute of limitations for personal injury claims is 3 years after the date of the incident. It’s crucial to contact a personal injury lawyer and file your claim within the window. Otherwise, you miss your chance forever.
How to file a personal injury claim with a RI personal injury lawyer
If you suffered after a slip and fall accident in Rhode Island, contact Petrarca Law.
We have over 40 years of combined experience as Rhode Island personal injury attorneys. We’ve helped our personal clients obtain much-needed funds to cover medical bills, missing wages, and other expenses. We can take care of every aspect of your case for you, so you can focus on what’s truly important–getting your life back on track.
Contact our office today for a free consultation.