One moment you were shopping—the next, you were on the ground because of a wet floor, broken tile, or dim lighting no one bothered to fix. Now you're dealing with immense pain, unexpected medical bills, and endless questions about what happens next. Rhode Island law gives you the right to hold negligent businesses accountable, but only if you take the right steps now.
Kirshenbaum & Kirshenbaum Attorneys at Law has a skilled team of experienced personal injury lawyers who help injured customers navigate premises liability claims and fight for the compensation they deserve. Here's exactly what you need to do after a retail store injury in Rhode Island to protect your health and your legal rights.
5 Key Steps to Establish a Slip and Fall Business Claim
The moments following a retail store injury shape the strength of your premises liability claim. Act quickly to protect yourself and preserve evidence. Here are the basic actions to support your case:
- Report the incident. Tell a manager or employee what happened before you leave the store. Ask them to document it in an incident report and request a copy for your records.
- Take photos and videos. Capture the hazard that caused your fall—such as spilled liquid, torn carpet, broken tile, or dim lighting—from multiple angles. Include wide shots showing the surrounding area and any missing warning signs.
- Get witness information. If anyone saw your accident, ask for their names and contact details. Independent witness accounts strengthen your case significantly.
- Seek medical attention immediately. Even if you feel fine, some injuries don't show symptoms right away. A doctor's visit creates a medical record linking your injury to the incident.
- Preserve what you were wearing. Keep your clothing and shoes exactly as they were. They may serve as evidence of the conditions you encountered.
Why Do You Have the Right to File an Injury Claim Against a Business?
Property owners and retailers have a legal responsibility to maintain safe conditions for customers. This falls under premises liability law, which holds businesses accountable when dangerous conditions cause harm. The company may be liable for your medical bills, lost income, and pain if you were injured on its property because of, but not limited to:
- Broken railings
- Cracked pavement
- Narrow or uneven staircases
- Poor lighting
- Torn carpeting
- Uneven flooring
- Wet floors
- Wet or icy sidewalks or parking lots
Rhode Island courts recognize that customers enter stores with a reasonable expectation of safety. All retailers should conduct routine safety inspections and address problems immediately. Spills require prompt cleanup and posted warning signs. Burned-out bulbs need replacement before someone gets hurt in the dark. Inventory belongs in storage areas, not blocking aisles.
When businesses ignore these critical aspects of maintenance, they create the conditions that cause your injury—and thus bear the legal responsibility.
Rhode Island's Comparative Negligence Rule
A modified comparative negligence system may allow you to recover compensation even when you bear partial responsibility for the incident—but only if your share of fault stays below 51%. Cross that threshold, and your claim disappears completely.
For example, if the court finds you 20% responsible for ignoring a "Wet Floor" sign, your final award drops by that same percentage. A $40,000 settlement is reduced to $32,000. But if the court assigns you 51% or more of the blame, you walk away with nothing, regardless of how badly you were hurt or how much the business contributed to the dangerous condition.
When Should You Contact Our Rhode Island Personal Injury Lawyers?
Insurance companies representing retail businesses work hard to minimize payouts. They'll scrutinize your claim, question the severity of your injuries, and argue you're partially at fault. An experienced attorney levels the playing field.
Rhode Island follows a three-year statute of limitations for personal injury cases, but waiting reduces your leverage. Evidence disappears, witnesses forget details, and injuries heal in ways that make it harder to prove their initial severity. Starting your claim promptly protects your right to full compensation.
Kirshenbaum & Kirshenbaum Attorneys at Law understand exactly how to position retail store injury cases for fair compensation. From investigating the accident scene to negotiating with insurers, our skilled legal guidance ensures that businesses are held accountable for their negligence. You didn't choose to get hurt—but you can choose to stand up for your rights and pursue what you deserve.