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Slip and Fall

Do You Have a Premises Liability Case?

Slip and fall accidents occur every day and can often result in very serious injuries such as head injuries, fractures, and even wrongful death. It is important to contact an experienced Cranston slip and fall lawyer who understands the laws surrounding these type of accidents. A landowner is not always liable for falls that occur on their property. If the landowner was unaware of the flaw because it recently occurred through another's fault, or resulted from sudden changes in the weather, the landowner may not be liable.

Find out more when you call The Law Office of Joseph Lamy at (401) 228-7470. We offer free case evaluations!

When is a Property Owner Liable for a Slip & Fall Accident?

As mentioned above, a property owner is not always responsible for a slip and fall accident. Individuals are expected to exhibit the proper precautions to ensure that they are not injured when visiting someone else’s property. However, in certain instances, the landowner may be liable for an accident if the accident was a result of negligent conditions.

The most common scenarios in which a landowner is legally responsible for injuries sustained in a slip and fall include:

  • The landowner, or an employee or representative of the landowner, caused the flaw in the surface that resulted in the accident and injury, by damaging the surface, spilling something onto it, or otherwise creating a hazard.

  • The landowner, or an employee or representative of the landowner, knew of the flaw on the property and did not take the necessary and proper steps to correct the flaw or warn visitors.

  • The landowner, or an employee or representative of the landowner, should have known of the flaw in the property from routine observation or inspection and failed to repair the flaw or properly warn visitors.

In the first two scenarios, the landowner is aware of the flaw in the property either because he or she caused it or because he or she was told directly. In the third scenario, often the most litigated, we will have to prove that a responsible and reasonable landowner would have discovered the flaw and taken the necessary steps to repair it.

How are Slip & Fall Cases Litigated?

In determining whether a landowner should have known of the flaw, some considerations for the Court include:

  • What is the nature of the flaw?
  • Was the fall caused by a foreign object or substance? If so, how noticeable was it?
  • Does the landlord maintain a routine inspection? Is the inspection process sufficient?
  • How long has the foreign object or flaw been on the surface?
  • Would a warning regarding the foreign object or substance prevent the fall?

Most landowners will try to defend the fall by stating that they did not know the hazard existed. Therefore, if you are aware of a flaw or potential hazard in either your workspace or rented apartment, be sure to notify the owner immediately so that they can take steps to remedy the situation.

What to do After a Slip & Fall Accident

As you can see, slip and fall accidents can become very complicated matters. If possible, report the fall immediately to someone of authority so that it is reported and documented. Try and identify any and all potential witnesses to the fall. Also, try to obtain pictures of the foreign object or flaw on the surface that caused your fall. Modern cell phones and digital cameras have made obtaining pictures easier and it can really strengthen your case. Finally, do not try to resolve the case on your own. Our Cranston slip and fall attorney has handled hundreds of these cases and can help you fight to obtain all the money to which you are entitled.

If you have been injured in a slip and fall accident in either Rhode Island or Massachusetts, contact our office at (401) 228-7470 for a free initial consultation.

Client Reviews
"I am so grateful to you Joe. Not only was I thrilled with the amount of money that I received in my settlement but I never thought that I would receive it so quick and without filing a lawsuit! You're the best!" Adam G.
"Joe asked me what I wanted in settlement during one of our meetings. I told him I wanted my medical bills paid (about $12,000) and I wanted $10,000 in my pocket. We just settled for $100,000! I never thought my case was worth that much. Thank you so much Joe." Justine D.
"Joseph is an excellent attorney that has been handling everything for the accident I was involved in. Joe has a great understanding of the auto accident process and he was able to explain it to me in a way that I understood. To this point, everything that Joe explained to me has happened according to plan. I have found Joe to be extremely knowledgeable and honest, and would highly recommend him to anyone." Steve C.
"Attorney Lamy answered my initial inquiry personally. He was very attentive and made himself available throughout the course of my case. He kept me informed and up to date and made sure I understood the whole process. I would certainly recommend Attorney Lamy to anyone I know who was in need of legal counsel." Alex D.
"I've never dealt with lawyers before, until I was involved in an accident. I wasn't sure if I even had a case, but I'll tell you what, Joe was there for me every step of the way. He was open, honest and caring. He answered all my questions and was always there for me when I needed him. He ensured me he would take care of everything and not to worry, and he did! I couldn't have asked for a better settlement or lawyer. He went above and beyond!!!!" Danny S.