Negligent Security Claims in Providence
Negligent security is a specific type of premises liability. The theory: a property owner or manager failed to take reasonable safety measures, and that failure allowed a third-party crime to happen.
Common Providence scenarios: assaults in downtown parking garages, robberies in apartments with broken locks or dead cameras, and attacks in bars, nightclubs, and hotels with inadequate security. Student housing near Brown University and Rhode Island College sees its share too.
The legal question is usually foreseeability. Did the owner know, or should the owner have known, that a crime like this could happen on the property? Prior incidents, police call histories, and complaints from tenants or guests are often the strongest evidence. A parking garage with three prior reported assaults will be hard pressed to say it had no notice. A bar with a documented history of fights outside has notice.
For survivors of sexual assault, a negligent security claim can be an important part of the accountability process alongside any criminal case. You can talk to us confidentially, with no obligation.
How to Prove Negligence in a Premises Liability Lawsuit
Every premises liability case comes down to four elements. You have to show all four:
- Duty: The property owner or manager owed you a duty of reasonable care. You were lawfully on the property, and the owner had an obligation to keep conditions reasonably safe.
- Breach: The owner failed to meet that duty. Either they created the hazard, or they knew about it (or should have known) and did nothing to fix it or warn you.
- Causation: The unsafe condition itself caused your injury, not a pre-existing condition and not something unrelated.
- Damages: You suffered real losses, whether medical bills, lost income, pain, or all of the above.
The notice question is where most premises cases are won or lost. If a grocery store had a spill on aisle four for two hours and never cleaned it up, that is constructive notice: they should have caught it. If a landlord got three complaints about a broken stair and ignored them, that is actual notice.
Evidence disappears fast. Surveillance footage often gets overwritten within a week. Broken stairs get repaired. Wet-floor signs appear the day after your fall. Photos of the hazard, the incident report, witness contact information, and your medical records are the backbone of the case. The sooner a lawyer sends a preservation letter, the better your chances of holding on to the evidence you need.
Rhode Island’s Plaintiff-Friendly Rules
Rhode Island’s laws favor injured people more than those of many other states. A few rules matter most in a premises case:
- Pure Comparative Negligence: Under R.I. Gen. Laws § 9-20-4, your recovery is reduced by your percentage of fault, but you can still recover something even if you were mostly at fault. There is no percentage cutoff. Massachusetts, by contrast, bars recovery once your share of fault is greater than the defendant’s under M.G.L. c. 231 § 85, so where your case is filed can matter.
- Three-Year Deadline: You have three years from the date of your injury to file most personal injury lawsuits, under R.I. Gen. Laws § 9-1-14. Miss it and your case is gone, with narrow exceptions for minors and a few other situations.
- No Damage Caps on Most Claims: Rhode Island does not limit what you can recover for medical bills, lost wages, or pain and suffering in a standard premises liability case.
- Government Property: If you were hurt on a city sidewalk, in a public building, or on any property owned by a state or local agency, the deadline to sue is still three years under R.I. Gen. Laws § 9-1-25, but a claim over a defective sidewalk, road, or bridge also carries a separate written notice requirement that runs much earlier. Do not wait. Call us right away so we can help protect your claim before the deadline runs.
What Damages Can You Recover?
Damages in a Rhode Island premises case can include:
- Medical Expenses: Past bills and the projected cost of future care, including surgery, physical therapy, and medications
- Lost Wages and Lost Earning Capacity: The paychecks you missed, plus a reduction in what you can earn going forward if your injury limits the work you can do
- Pain and Suffering: The physical pain and mental distress that come with a serious injury
- Loss of Enjoyment of Life: Activities you can no longer do, or can only do differently, because of what happened
- Rehabilitation and Long-Term Care: In-home care, adaptive equipment, and ongoing rehabilitation for catastrophic injuries
- Wrongful Death Benefits: When someone dies from a premises liability injury, surviving family members may bring a wrongful death claim for their own losses.
No lawyer can tell you exactly what your case is worth in a first phone call. Value depends on the severity of your injuries, the evidence, the insurance available, and a dozen other factors.
You may be entitled to compensation, and the sooner you talk to a lawyer, the better positioned you are to pursue it. Reach out anytime for a free review of your case.
What to Ask a Premises Liability Lawyer at a Free Consultation
A first meeting should give you a clear picture of what to do next. Questions worth asking:
- Have you handled premises liability cases in Rhode Island? State-specific experience matters. Notice rules, comparative fault, and government-claim procedures are all Rhode Island-specific.
- Who at your firm will handle my case day-to-day? You want to know who your point of contact is and whether you will actually speak with a lawyer, not just a case manager.
- How do fees work? Ours are contingency-based. Under the No Fee Guarantee®, you don’t pay us anything unless we win your case. There are no upfront costs.
- What deadlines apply, and what should I preserve now? A good lawyer will identify the statute of limitations, any government notice window, and the evidence you need to hold on to before it disappears.
- What does the process look like? From investigation to settlement negotiations to trial if it comes to that, you should leave the meeting understanding what happens next.
About Bottaro Injury Lawyers
Mike Bottaro founded the firm in December 2010. He is licensed in Rhode Island and Massachusetts, in both state and federal courts, and holds an AV Preeminent rating from Martindale-Hubbell. Our experienced team has represented injured people across the Providence area and Southern Massachusetts for more than a decade, and gives back to the community year-round through Bottaro Gives Back.
We built the firm around a simple idea: nobody should fight Goliath alone. Insurance companies have adjusters, defense lawyers, and endless resources. You should not have to face them by yourself, and you should not have to pay a lawyer out of pocket to have someone in your corner. Every case we take is covered by the No Fee Guarantee®.
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