Rhode Island Accident Lawyer Blog
By David Tapalian February 17th, 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.
- Breach of Duty: This is the hardest element to satisfy and this is where those smart phones come in so handy. What caused your fall? Was there a defect in the floor? Was there snow or ice that wasn’t being properly salted or removed? Did you slip on a fallen object within a store that has been left on the ground long enough that store management should have removed it? This is also very fact specific and in order for one to have a claim for a slip and fall accident in Rhode Island or Massachusetts we must prove the element of negligence.
- Injuries: This element speaks for itself. For one to have a viable slip and fall accident claim in Rhode Island and Massachusetts there must be some injuries. The injuries need not be catastrophic but you must have been hurt. One of the most important actions you can take if you are the unfortunate victim of a slip and fall accident in Massachusetts or Rhode Island is to take picture or video of the scene and report it to management.