Rhode Island Premises Liability Lawyer

How does Rhode Island decide what a property owner owes me?

Rhode Island uses a single standard for lawful visitors. Owners must use reasonable care under the circumstances, whether you were a paying customer, a social guest or a delivery worker.

Many states still sort visitors into invitees and licensees, with different duties for each. Rhode Island moved away from that approach, so the question is simpler: did the owner act reasonably given what they knew or should have known? Trespassers are treated differently and are owed much less, though owners still cannot act willfully or wantonly. Special rules can also protect children drawn onto property by dangerous conditions.

Is an owner responsible for snow and ice?

Often, but timing matters. Rhode Island generally gives owners a reasonable time after a storm ends to clear snow and ice. During an active storm, an owner usually is not required to keep up with every flake.

After the storm stops, things change. An owner who leaves an entrance icy for days, piles snow where meltwater refreezes across a walkway, or ignores a leaking gutter that creates ice may be responsible. Weather records, timestamps on photos and notes about when the snow stopped can decide the case. Contracts with snow removal companies can also matter, because a contractor that failed to plow or salt as agreed may share responsibility with the owner.

Which Rhode Island properties create special risks?

Rhode Island's coast and tourism shape many claims. Seasonal rentals, beach clubs and marinas see heavy use for a few months, and maintenance can lag.

Common sources of injury include:

• Rotting decks, steep stairs and missing railings at coastal rentals
• Slippery docks and gangways at marinas
• Wet floors and crowded walkways at the state's casinos and event venues
• Uneven brick sidewalks and cobblestones in historic districts
• Dark stairwells and broken locks in older apartment buildings
• Pool areas at hotels and rental homes without proper fencing or signage

Negligent security claims can arise when an assault happens in a parking lot, garage or apartment common area where the owner knew about prior crime and failed to provide reasonable lighting, locks or security.

How does pure comparative fault affect a fall claim?

Your recovery is reduced by your share of fault, but never eliminated. Owners often argue that you should have watched your step, and in Rhode Island that argument only lowers the award.

Here is an example. You fall on a broken stair at a Newport rental house during a summer stay. Your damages are $75,000. The owner argues you were carrying a cooler and not using the railing, and claims you are 30% at fault. If a jury agrees, you recover $52,500. Even if a jury put 60% of the fault on you, you would still recover $30,000. Proof that the owner knew the stair was broken can lower your share.

Are there limits on claims against public property or free recreation land?

Yes. Claims against the state, a city or a town can face procedures and limits on recovery that do not apply to private owners. These should be reviewed early, because missing a procedural step can harm the claim.

Rhode Island also has a recreational use law that generally protects landowners who let the public use land for free recreation, such as walking, fishing or swimming. The protection usually does not apply when a fee is charged. Whether it applies depends on who owns the land and what happened. Our government and public property injury claims page explains more.

What should I do after a fall in Rhode Island?

Preserve evidence before conditions change.

1. Photograph the hazard, the lighting and the weather.
2. Report the fall to the owner or manager and request a copy of any report.
3. Get the names of witnesses and employees.
4. Keep your shoes and clothing.
5. Get medical care and keep all records.
6. Send a written request to preserve surveillance video.

Most Rhode Island premises lawsuits must be filed within 3 years. If a dog attack happened on someone's property, see our dog bites and animal attacks page. For a fatal fall, our Rhode Island wrongful death guide may help. General rules are on our Rhode Island injury law page. We offer a free case review, with no fee unless we win.