According to the National Floor Safety Institute, falls account for nearly 8 million emergency room visits every year. A very small percentage of those injured file a claim or a lawsuit.
5 Common Misconceptions About Slip and Fall Accidents in Providence, RI
If You Were Partially at Fault You Can’t Recover Damages
Many slip and fall accident victims in Providence, RI forego filing a lawsuit because they believe they played a part in the accident. For instance, they may have slipped on some liquid that was on the floor and this wouldn’t have happened had they been more attentive.
Rhode Island is a pure comparative state. This means that even if you were 99percent responsible for your slip and fall accident, the premises owner might still be held liable for the other 1percent. This means you can still receive compensation.
For instance, let’s say you were shopping at a grocery store and suddenly received a call. You are so engrossed in the call that you miss the “Wet Floor” sign and you slip and fall, injuring your back. You decide to sue the grocery store for $100, 000.
The jury finds you 90percent at fault for the accident because you weren’t watching where you were going. The jury also finds the store 10 percent at fault because they didn’t place the warning sign in a strategic place. In such a scenario, you would be able to collect $10, 000 in damages.
You Cannot Recover Damages if the Premises Owner Didn’t Know About the Dangerous Condition
Let’s say you were walking through the grocery store and happened to slip on some spilled liquid, resulting in a serious injury. You report the incident to the store owner and they claim that they didn’t know about the spilled liquid. You walk away thinking you do not have a legitimate slip and fall accident claim.
Slip and fall claims do not require the owner of the premises to be aware of the dangerous condition. The assumption is always that the store owner should regularly maintain their premises and ensure the safety of its customers at all times. They should, therefore, have known about the dangerous condition.
A good slip and fall accident attorney should be able to prove that the owner should have known about the dangerous condition that caused the accident. This includes reviewing the store’s CCTV footage, reviewing clean-up procedures, and even interviewing employees and witnesses.
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