When visiting another party’s property, walking on a sidewalk, or otherwise going about your day-to-day tasks, you do not expect to encounter dangerous situations. However, when property owners allow their businesses, parking lots, or other areas to fall into disarray, serious hazards and related injuries often result. Making sure that owners or occupiers responsible for causing an accident aid in contributing to the financial impact of those injuries is important to ensure that victims can fully recover. Providence premises liability lawyer David Tapalian helps victims pursue proper legal action against careless property owners who fail to keep their premises safe for visitors. He has served Rhode Island and Massachusetts residents who have been struck by falling objects or have been hurt by other hazards for over 15 years, offering personalized legal representation. If you have been injured by a dangerous condition on someone else’s property, you should contact our office for a free consultation to learn more about your legal options.Duties of Property Owners and Occupiers
Depending on the purpose of an individual’s visit, property owners owe differing levels of care to people who enter their premises. Additionally, visitors are expected to keep aware of their surroundings and act reasonably to avoid causing harm to themselves. People entering an establishment for a business purpose are owed the highest level of care from the owner or operator of that business. This may include a restaurant owner, a mall, or a residence at which the visitor has been hired to carry out a job. Business owners are required to conduct regular inspections to ensure that their properties are free from risks.
When someone is injured as a business invitee, they may pursue a claim against a negligent owner with the assistance of a premises liability attorney in the Providence area. To prevail in such a case, the victim must show that the owner or occupier had actual or constructive knowledge of the hazard but failed to take appropriate measures to fix it or warn visitors of its existence.
Showing constructive knowledge is often the most difficult element of a premises liability case. To prove constructive knowledge, a victim must establish that the dangerous condition was present long enough for a reasonable owner, exercising appropriate care, to have discovered it. Additionally, the dangerous condition must be foreseeable. For instance, constructive knowledge may be present when a customer slips and falls in a store due to a puddle that has formed from a leak in a roof that has been there for weeks.
Licensees, or people visiting a property for a social purpose, are also owed a duty of care. Homeowners or other hosts must keep their property reasonably safe, and they must either repair unsafe conditions or warn visitors of a known hazard. Even trespassers have certain limited rights when they are entering property without permission. Owners are not permitted to intentionally or recklessly harm people who unlawfully visit their premises.
All personal injury cases, which include those based on premises liability, must be filed within three years from the date of the accident in Rhode Island and Massachusetts. If liability is established, injured victims may be entitled to compensation for past and future medical bills, lost income, loss of earning capacity, and other damages incurred as a result of their injuries.Consult a Dedicated Premises Liability Lawyer in Providence
When a property owner fails to ensure a safe environment for visitors, serious injuries may occur, especially for very young and very elderly victims. If you or someone you love has been injured due to a careless business or individual, Providence premises liability attorney David Tapalian can help make sure that your legal rights are asserted and that the appropriate parties are pursued for damages. Tapalian Law represents victims throughout Rhode Island and Massachusetts through its offices in Providence and Seekonk. You can contact us online or at (401) 552-5000 to set up a free consultation if you need a personal injury lawyer or a wrongful death attorney to advocate for you.