Slip & Falls

My Child Was Hurt at a Birthday Party. Can the Host Be Held Liable for His or Her Injuries & Medical Bills?

June 23, 2017 | Tapalian Law

Your child is at the home of a classmate for a birthday party. During the party, you receive a phone call from the classmate’s parent- your son or daughter fell down some steps and cut their chin open and may need stitches. As you drive your upset child to the emergency room, you wonder- how did this happen? Where were the parents? What type of steps did your child fall on? Were they pushed by another kid? Was anyone supervising? What kind of medical treatment will be needed and how much will it cost? Will it be covered by my insurance plan? These are all valid questions and after an injury, they are all questions that you need answers to. The Providence personal injury law firm of Tapalian Law, can help you in getting answers to your questions after you, or your child, has suffered from a personal injury that incurred on the premises of another, whether it be a homeowner or business. This is known as premises liability.

Types of Premises Liability

Premises liability, a type of personal injury case, most commonly occurs as a slip & fall. A slip & fall may be due to an icy sidewalk, poor lighting, cracked sidewalk concrete, or improperly maintained steps, among other factors. Slip & falls most often occur in restaurants, grocery stores, department stores, sidewalks, driveways, and entry ways. It may be a spill left on the floor of a grocery store, or it could be a broken step leading to the entryway of a restaurant. Slip & falls, or trip & falls, can take place in a commercial setting, or a residential setting.

Mom Sues for Negligence after Injuries at Easter Egg Hunt

April 6, 2017 | Tapalian Law

What started out as a fun, children’s Easter egg hunt has turned into a $112K lawsuit. An Oregon mom is suing for negligence after an allegedly overcrowded Easter egg hunt caused her to suffer serious injuries. Rachel Townsend filed a lawsuit, along with her personal injury attorney, stating that as the egg hunt began, the overcrowded field was rushed with people causing her to be pushed from behind and knocked to the ground causing her injuries. If you have experienced a similar incident where you received injuries due to the neglect of another in Rhode Island, you are urged to contact a RI personal injury law firm like Tapalian Law to find out your rights to sue for negligence.

Negligence Laws in Rhode Island

A Rhode Island lawyer might define “negligent” as “to act in a way that a similar “reasonable person” would not, resulting in another’s personal injury”. An “injury” may be physical injuries, the loss or damage of property, emotional distress, and other losses that result from the negligence. To owe someone a duty of care depends on multiple factors depending on the situation. There are also different types of negligence. For example, driver negligence, such as texting while driving, can result in a car accident. In this particular case, the defendants were allegedly negligent by failing to provide adequate staffing to run the Easter egg hunt in a safe way. Due to the negligence of the companies, the plaintiff Townsend is suing for $100,000 in non-economic damage as well as $12,411 in medical expenses and lost wages. The injuries she incurred in the fall are a torn meniscus and partially torn ligaments in her left knee. She also suffered sprains and strains and the inability to work and carry out normal, daily activities. Her lawsuit claims that both the venue where the egg hunt happened, as well as the event planning company who hosted the event, are negligent.

Barrington Sisters Die in Tragic Slip & Fall Accident

March 7, 2017 | Tapalian Law

What started out as a routine weekly dinner among three sisters sadly turned deadly this past Friday in Barrington, Rhode Island. Elderly sisters, 97-year-old twins Jean Haley and Martha Williams, and younger sister 89-year-old Mary Jacobs returned from dinner to Haley’s RI home around 8:30pm amidst chilling windy conditions. It appears that both twins, in separate incidents, slipped and fell, and were unable to get up and call for help. Slip and fall accidents can be extremely hazardous, if not deadly, especially for the elderly. Tapalian Law is well versed in the tragedy that can become of slip and falls, whether it be serious personal injury from broken bones or head injuries, or a slip and fall that can have deadly results.

Barrington Police Piece Together Details

The extent of the two sister’s injuries due to their falls is not yet detailed, and because neither could get up and call for assistance after the fall, both lay outside overnight in freezing temperatures causing them to both die of hypothermia. According to Barrington Police Chief John LaCross, the RI sisters returned home from dinner dropping off younger sister Mary Jacobs at her vehicle, which was parked in Haley’s driveway. Jacobs then drove off. Haley allegedly then dropped off Williams at her vehicle before pulling into her garage. It is unclear exactly what happened next but Barrington Police surmise that Williams fell while attempting to get into her car. They believe that Haley saw this fall occur and proceeded to exit her vehicle to help her sister. At this point, Haley also fell. The injuries from the falls, or perhaps the pain and shock of the falls, left both sisters unable to get up and get help. Sadly, they both lay on the ground overnight eventually succumbing to hypothermia.

How to Prevent Injuries in a Fall- From “Professionals” in the Business

January 30, 2017 | Tapalian Law

The most common cause of injury seen in emergency rooms in the United States, falls can occur at any age. Though many falls are harmless, according to the Centers for Disease Control and Prevention (CDC), 1 in 5 falls causes a serious injury such as a broken bone or head injury. It is estimated that around 7.9 million emergency room visits a year are due to falls. Injuries caused by a fall can be detrimental to anyone, especially the elderly. And once a fall does occur, even if it does not cause an injury, it can cause a fear of falling. This fear may result in one changing their daily routine or cutting down on everyday activities to avoid another fall. However, when a person becomes excessively tentative and less active, they become weaker, which in turn increases their chances of falling and getting injured.

Who Is At Risk for a Fall?

Certainly, age is a big factor and the elderly are more prone to falls. Fall injuries requiring medical attention rise exponentially from age 18 on. There are many risk factors involved that affect both young and old alike.

Prevent Nursing Home Falls To Avoid Head Injuries

January 27, 2017 | Tapalian Law

A fall can cause a traumatic brain injury or TBI, which includes concussions. Elderly people are more susceptible to falls because the ability to balance decreases with age, and they may have more difficulty walking without assistance. For this reason, falls in nursing homes are common because of the number of elderly and incapacitated patients. However, falls in nursing homes can be prevented if the staff takes reasonable measures to ensure safety.

Basic Requirements for Resident Safety

A nursing home facility should provide a safe place for residents to move around by meeting specific guidelines to prevent falls. This includes removing tripping hazards, such as rugs and electrical cords from traffic areas, as well as keeping clutter out of hallways and other walk areas.

Tread Lightly this Winter- Your snow removal responsibility in Rhode Island

January 9, 2017 | Tapalian Law

As slippery conditions ensue, we all dread the added time and expense it takes to remedy the snowy and icy conditions. In Rhode Island, homeowners and business owners are responsible for proper snow and ice removal in a reasonable amount of time. The term “reasonable” is defined differently in each city and town. We must take responsibility for appropriate snow and ice removal or prepare to face a fine. Or worse, face a personal injury of your own or a slip and fall lawsuit due to an injury that occurred on your personal or business property.

Rhode Island Grants Individual Powers to Cities & Towns

Rhode Island grants power to individual city and town councils pertaining to snow removal. Each city and town may make their own ordinances relating to the maintenance and removal of ice and snow from streets, sidewalks, steps, awnings, and other structures provided the regulations do not conflict with Rhode Island state laws. Each town or city must, at its own expense, keep state roads within its limits, sufficiently clear of snow and ice so the roads are reasonably safe for travel.

Can I Sue Another Person For My Workplace Injury?

December 27, 2016 | Tapalian Law

If you are injured on the job in Massachusetts, your injury is probably covered by workers’ compensation. Under Massachusetts workers’ compensation laws, an injured employee who requires medical treatment or is out of work for more than six days receives compensation for his medical expenses and lost income. However, workers’ compensation benefits are limited. You do not receive compensation for all lost wages. You also cannot receive compensation for damages such as physical pain and emotional suffering.

However, in a personal injury lawsuit, you may be entitled to recover 100 percent of your losses and damages. Unfortunately, most employees who suffer a work-related injury are unable to sue their employer. Workers’ compensation laws protect workers by providing medical care and other benefits for a workplace injury. These same laws also protect employers from personal injury lawsuits by injured workers. The exception to this general rule is in the case of third party negligence.

Suing A Third Party for A Work-Related Injury

Winter Slip And Fall Safety Tips

December 5, 2016 | Tapalian Law

Snow covered trees, ice glistening from rooftops, and snow falling on a cold winter’s night while you sit by the fireplace may sound very appealing — until you try to walk on ice and snow covered walkways.

Winter weather creates some of the most beautiful landscapes in Rhode Island, but it also creates some of the most treacherous conditions for getting around. Since we cannot hibernate all winter, we need to take precautions to reduce the risk of slips and falls during winter months.

Preventing Winter Slip and Fall Accidents

Be Careful What You Post On Social Media – How Social Sharing Impacts Your Rhode Island Accident Claim

October 21, 2016 | Tapalian Law

Thanks to sites like Facebook, Instagram, and Twitter, people can share the details of their lives with friends and family every second of the day. People post everything from what they are eating for breakfast and where they are eating dinner to how irritated they are standing in line at the grocery store and how long they have sat in the doctor’s office waiting to see the doctor.

Therefore, it’s common to tell others about a car accident you were in or other accident that caused you to be injured. Social media makes it easy and convenient to update all of your friends and family with one post. Posting on social media is much easier than making numerous telephone calls or sending a text to each person. However, sharing information on social media can damage your accident claim, especially if you have a public profile. Don’t be fooled; social media posts can damage your personal injury claim even if your profiles are private.

Nothing you post on the internet is completely private, regardless of your security settings. The attorney for the other party will be monitoring your activity online. He may also request a subpoena from the court to compel you to turn over the information from your social media accounts.

How do I know if I have a Slip and Fall Claim in Rhode Island and Massachusetts?

February 17, 2016 | Tapalian Law

By David Tapalian February 17^th, 2016

The slip and fall season is upon us! Slip and falls can happen anywhere at anytime. Let’s focus on the most prevalent; slip and fall accidents due to a business owner/manager failing to keep a walk way or area clear and clean. With wintery weather people are often encountering slip and falls. In order to have a viable slip and fall claim in RI and Mass three elements must be present: (1) Duty, (2) Breach of that duty or negligence, (3) Injuries.

Duty: Did the business owner or operator owe you a duty of care. This is usually the easiest element to satisfy. This is very fact specific but if you are travelling in the proper areas to enter, exit or walk within a building that you are a legal invitee, then the answer is a resounding yes. Some examples are the entrance of a store, apartment building or any lawful business or home.