Premises Liability FAQ
Not necessarily. Under many circumstances, property owners can be entirely at fault for a person’s slip and fall. For example, a recently mopped floor at the grocery store should be marked with caution signs. If it isn’t, you could easily suffer a fall before realizing the area is slippery. Don’t make assumptions about your ability to file a claim until you speak with an attorney who knows Rhode Island or Massachusetts premises liability law.
Typically, yes. Most insurance policies cover injury claims from public and private properties. Homeowner’s insurance usually covers a wide range of premises liability claims, and if you’re seeking compensation for an incident at someone else’s home, you will likely be collecting payment from that person’s insurance company.
Potentially, yes. If you are an employee (not an independent contractor), workers’ compensation will most likely cover your work-related injury. Workers’ compensation provides “no fault” benefits for employees’ injuries, which means that your employer (or their insurance company) must pay whether or not your employer was to blame for your fall.
If you can file a workers’ compensation claim after an injury at work, you may also be able to file a premises liability claim. For example, if your employer leases the facility where you work, the property owner could be fully liable for your losses.
If you were assaulted on someone else’s property, you may be able to file a claim based upon the property owner’s failure to provide adequate security, including:
- Deficient security policies and procedures
- Failure to control access to the premises
- Failure to hire appropriate security patrol
- Missing locks
- Inadequate fencing, lighting, or security cameras
Possibly, but you must consider who is responsible for the conditions that led to your injury. If the property owner or manager knew about—or should have known about—the risk of injury and didn’t repair or warn you of the problem, they may be liable for your damages.
$1,500,000.00 Pre-Trial Settlement: Our client was a passenger in a ride share vehicle that slammed into a truck, causing life altering cervical fractures amongst other injuries. This case involved numerous experts and overcoming a challenging seat belt defense.
$1,200,000.00 Settlement: In this product liability case, our young client lost her eye due to a defective air bag. We acted fast to preserve the evidence and retain top experts who tested the vehicle. The result was settlement with national counsel for a major auto manufacturer.
$1,000,000.00 Pre-Trial Settlement: Our client was struck as a pedestrian by a commercial vehicle on a job site resulting in multiple fractures and emergency surgeries. We helped establish life altering pelvic fractures with a loss in earning capacity.
$660,000.00 Pre-Trial Motorcycle Crash Settlement: When the insurance company denied the claim outright ($0), Mike litigated this case through discovery, engaging renowned experts in the fields of accident reconstruction and physical medicine.
$600,000.00 Commercial Truck Crash Settlement: When a truck driver dropped steel beams form his load onto Rte. 10, the resulting crash caused our client to suffer multi-level disc injury resulting in emergency cervical surgery.
$650,000.00 Pre-Trial RI Slip and Fall Settlement: Regional market failed to correct a leaky roof and entranceway, causing our client to sustain a devestating knee injury. Mike litigated this case through discovery over the course of severla years.
$500,000.00 Rhode Island Nursing Home Abuse Pre-Trial Settlement: Insurer offers $0 pre-litigation. Mike litigates the case working with several experts to prove deviation in standard of care resulting in client who suffered amputations from complications after a nursing home injury.
$500,000.00 Massachusetts Wrongful Death Car Accident Policy Limit Settlement: The insurer originally denied the claim and had serious questions about whether the collision ultimately caused the death months later of an elderly gentleman.
$500,000.00 Policy Limit Settlement: In this homeowner policy limit insurance case, a handyman’s negligence cost our client his loss of eye. Our legal research on agency law carried the day.
$325,000.00 Settlement Following Arbitration: Our North Kingstown, RI client was injured in a bike accident, fracturing his patella and requiring emergency surgery. We worked with experts, including a life care planner to ensure our client received fair compensation.
Auto products liability case involving airbag deployment resulting in loss of vision in one eye and facial fractures.
A 61-year-old man underwent emergency surgery and a knee replacement procedure due to injuries sustained in a serious motorcycle accident.
A pre-trial settlement was reached for our client who suffered a knee injury requiring multiple surgeries.
Our client suffered multi-level disc injury when steel I-beams fell from a commercial truck on Route 10 resulting in multiple cervical surgeries.
Personal Injury Attorney Mike Bottaro helps client who suffered amputations from complications after a nursing home injury.
This case involved an elderly couple and their granddaughter who were injured after a car turned left in front of their vehicle. The injuries for the woman involved a fractured neck, broken ribs, and an eventual stroke. The man suffered from various injuries from which he never recovered, resulting in his untimely death.
This case involved deviations in the standard of care involving pressure ulcers resulting in death.
Our North Kingstown, RI, client was injured in a bike accident, fracturing his patella and requiring emergency surgery. We worked with experts, including a life care planner to ensure our client received fair compensation.