Property owners have a legal duty to keep their premises reasonably safe, and when they don't, the people injured as a result deserve compensation. Kirshenbaum & Kirshenbaum has represented slip and fall and premises liability victims across Providence, Warwick, Cranston, and Newport for more than 90 years.

What Is Premises Liability?

Premises liability is the area of law that holds property owners and occupiers responsible for injuries caused by unsafe conditions on their property. This covers a wide range of situations beyond a simple slip and fall, including inadequate security, dangerous stairways, poorly maintained parking lots, and code violations. See our page on understanding premises liability in a Rhode Island injury case for the basics.

What Do I Need to Prove in a Rhode Island Slip and Fall Case?Warwick Premises Liability Lawyer | Kirshenbaum & Kirshenbaum

Generally, you need to show that a hazardous condition existed, that the property owner knew or reasonably should have known about it, and that the owner failed to fix the hazard or adequately warn visitors within a reasonable amount of time. Our page on understanding the basics of Rhode Island slip and fall cases walks through how these elements typically play out.

What Is the "Open and Obvious" Defense?

Property owners sometimes argue that a hazard was so obvious that a visitor should have avoided it on their own, which can reduce or eliminate their liability. This defense is not automatic, however, and a hazard being technically visible doesn't always mean a reasonable person would have noticed or appreciated the danger. See our page on open and obvious risk in a personal injury case for how this defense is actually applied.

Where Do These Accidents Commonly Happen?

What Compensation Can I Recover in a Premises Liability Case?

Compensation generally includes medical expenses, lost wages, and pain and suffering, the same categories available in other personal injury claims, detailed further in our page on damages allowed in a Rhode Island slip and fall claim. Injuries from falls, including hip fractures, spinal injuries, and traumatic brain injuries, can be especially serious for older adults, and claim values reflect the severity and permanency of the resulting harm. Learn about the common injuries in our page on common injuries sustained in slip and fall accidents.

What Is Rhode Island's Statute of Limitations for Premises Liability Claims?

Under Rhode Island General Laws § 9-1-14, you generally have three years from the date of the accident to file a claim. Claims against a municipality (for example, a sidewalk maintained by a city or town) can involve shorter notice deadlines separate from the statute of limitations itself, which makes prompt legal advice especially important in these cases.

Why Choose Kirshenbaum & Kirshenbaum for Your Premises Liability Case

Our attorneys have secured results for premises liability victims, including a case in which a client received $150,000 from a city for fall injuries and additional recoveries detailed in our premises liability case results. We know property owners and their insurers often argue that a hazard was open and obvious or that the visitor wasn't paying attention, and we build our cases to directly confront those defenses. We work on a contingency fee basis, meaning you pay nothing unless we recover compensation for you.

Frequently Asked Questions

What if I don't know how long the hazard was there before I fell?

This is a common challenge in these cases. Evidence like maintenance logs, surveillance footage, and witness statements can help establish how long a hazardous condition existed and whether the property owner had a reasonable opportunity to address it.

What if I fell in a store and there was a "wet floor" sign nearby?

A warning sign doesn't automatically eliminate a property owner's liability, particularly if the hazard was more extensive than the warning suggested or the sign wasn't placed where it could reasonably be seen.

Can I still have a case if I was a trespasser on the property?

Property owners generally owe a lower duty of care to trespassers than to invited guests or customers, though there are important exceptions, including situations involving children and the attractive nuisance doctrine.

What should I avoid doing after a slip and fall accident?

Avoid giving a recorded statement to the property owner's insurance company before speaking with an attorney, and avoid posting about the incident on social media, since insurers frequently look for ways to use these statements against a claim. See our full guide on what not to do after a Rhode Island slip and fall accident.

Do building code violations matter in a premises liability case?

Yes. A property that violates applicable building codes, such as improper stair dimensions or inadequate lighting, can strengthen a premises liability claim by helping establish that the property wasn't reasonably safe.

If you or a loved one has been injured on someone else's property anywhere in Rhode Island, contact Kirshenbaum & Kirshenbaum today for a free consultation. There is no attorney's fee unless we recover compensation for you.


This content is for informational purposes only and does not constitute legal advice. Each case is unique, and past results do not guarantee future outcomes.

Christopher L. Russo
Helping Rhode Island personal injury victims for nearly three decades to get the compensation they deserve.