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Common Rhode Island Personal Injury Claims- RI Injury Attorney

Common Rhode Island Personal Injury Claims- RI Injury Attorney | RI Motorcycle Accident | Scoop.it
Car accidents, truck crash, motorcycle collisions, premises liability, slip and fall, dog bite, bus accidents, wrongful death, fatal accidents
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Determining fault in a motorcycle accident case

Determining fault in a motorcycle accident case | RI Motorcycle Accident | Scoop.it
When someone has been seriously injured in a motorcycle accident, they must determine fault and if they want to pursue legal claims.

Via Steven M. Sweat
love story's curator insight, October 12, 2021 5:39 PM

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Pinellas County Most Dangerous Place to Ride Bicycles -

Pinellas County Most Dangerous Place to Ride Bicycles - | RI Motorcycle Accident | Scoop.it
A September 2018 report in the Wall Street Journal analyzed the most recent data from the National Highway Traffic Safety Administration (NHTSA) and found the Greater Tampa Bay area as the most dangerous place to ride bicycles in the nation, with Pinellas County as the deadliest of all are

Via Matthew A. Dolman
Matthew A. Dolman's curator insight, January 2, 2019 11:37 PM

A September 2018 report in the Wall Street Journalanalyzed the most recent data from the National Highway Traffic Safety Administration (NHTSA) and found the Greater Tampa Bay area as the most dangerous place to ride bicycles in the nation, with Pinellas County as the deadliest of all area counties. The data from the NHTSA show that bicycle accident fatalities increased about one third from 2010 to 2016 and the fatality rate in Florida was more than 50 percent higher than the next highest state. The Tampa region’s fatality rate was 7 percent, almost a point higher than Florida’s 6.2 percent rate.

(click on this article to learn more)

 

https://www.dolmanlaw.com/florida-bicycle-accident-lawyer/

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Rhode Island Wrongful Death Attorney

Rhode Island Wrongful Death Attorney | RI Motorcycle Accident | Scoop.it
Rhode Island fatal crash lawyers. RI fatal car, truck, motorcycle accident attorneys, David Slepkow 401-437-1100. Rhode Island wrongful death attorney
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Rhode Island wrongful death attorney

Rhode Island wrongful death attorney

Wrongful death is a legal concept describing civil liability when a death occurs through negligence or intention of others. This legal concept is different than manslaughter or murder which are criminal offenses. In the event of a deadly accident then you need to immediately contact a Rhode Island wrongful death attorney. For individuals or entities to be financially liable in a lawsuit or claim involving wrongful death in Rhode Island, it must be shown they had a duty of care to the individual who died. If your loved one, spouse or child died in a RI accident, contact a Rhode Island wrongful death attorney.

Rhode Island Wrongful Death Attorney | fatal accident

In addition, that duty of care had to have been breached, such as a failure to act as any reasonable individual would. It also must be shown how the breach directly or indirectly caused injuries that resulted in death. The most common types of wrongful death claims in Rhode Island and Providence Plantations involve:

  • Passenger vehicle accidents in Providence, Pawtucket, Warwick and Cranston
    • Motorcycle crashes in RI
    • Commercial truck accidents
    • Pedestrian or bicycle accidents
    • Drunk driving
    • Gunshot wounds
    • Public transportation accidents including train or bus collisions
    • Medical malpractice
    • Medication errors like prescribing or selling the wrong prescription drug
    • Defective products including unsafe foods
    • Bad pharmaceutical drugs
    • Premises liability like slip and fall accidents
    • Workplace accident
    • Construction injuries

Vehicle Accident Wrongful Deaths in Rhode Island

More than 30,000 individuals lose their lives in vehicle accidents every year and countless others face years of extensive recovery from serious injuries. Most Rhode Island car accidents are caused by speeding, distracted driving, reckless behavior, automobile defects, construction activity, road repair and drunk driving. If a loved one was kileld in a tragic fatal crash then you need to contact a Rhode Island Wrongful Death Attorney.

Some of the most catastrophic accidents in RI involve large commercial vehicles that result in wrongful death lawsuits. In many instances, a claim for compensation is filed against the trucker and trucking company citing various acts of negligence including:

  • Improper truck maintenance,
    • Mechanical defect,
    • Defective tire,
    • Aggressive driving,
    • Operating the large commercial vehicle in adverse weather conditions,
    • Improperly loaded cargo or overweight loads,
    • Driving while distracted, intoxicated or on drugs.

Medical Malpractice Wrongful Death

While most medical professionals are good at their jobs, there are numerous incidences where medical malpractice occurs because the doctor, nurse or other health care giver failed to follow proper protocols and procedures or cut corners that took the lives of their patients. The most common medical malpractice wrongful death cases in Rhode Island  involve:

  • Childbirth injuries
    • Wrong diagnosis, misdiagnosis or lack of diagnosis
    • Improper or delayed treatment
    • Surgical error
    • Pharmaceutical mistake
    • Defective medical device
    • Lack of obtaining an informed consent

Defective Products Wrongful Deaths | Rhode Island Wrongful Death Attorney  

Many product manufacturers follow government agency protocols when designing, manufacturing and distributing their products to ensure public safety. However, anytime a product fails and causes death, manufacturers can be held civilly liable to the victim’s surviving family members. Common defective products involved in wrongful death lawsuits include:

  • Vehicles with defective components, parts or design
  • Toxic food products
  • Dangerous toys and childcare products
  • Bad pharmaceuticals

Workplace Fatalities in Rhode Island

Employers have a legal responsibility to ensure the safety of every employee while on the job. Companies are required to follow the rules and regulations set forth by OSHA (Occupational Safety and Hazard Administration). Common examples of wrongful death claims involving a workplace incident include:

  • Mesothelioma and asbestos exposure 
  • Tow boat and barge accidents
  •  Manufacturing accident
  •  Railroad worker injury
  • Construction site accident
  • Commercial vehicle collision
  • Public transportation accident

Filing a wrongful death lawsuit is crucial to surviving family members who rely on financial settlements to recover medical expenses, funeral bills and lost income. While obtaining financial recompense does not bring a loved one back, it does provide a sense of justice while easing the financial burden on survivors.

Hiring a Rhode Island wrongful death Attorney or a RI fatal accident lawyer

If you are a surviving family member who meets the criteria for filing a legal wrongful death claim, it is essential to hire a reputable RI wrongful death lawyer with experience of achieving successful outcomes. This is because these types of cases are legally complex to litigate and there are different requirements and statutes to file a  RI wrongful death lawsuit. Reputable  Providence personal injury law firms that handle  RI wrongful death claims typically provide a complementary consultation with a Rhode Island Wrongful Death Attorney  to evaluate the merits of the case. Usually, these cases are handled on contingency so no upfront fees are required.

“Distracted drivers were involved in the deaths of 520 nonoccupants during 2014. It is unknown how many of these nonoccupants were potentially distracted as well…In 2014, about 71 percent of the distracted drivers in fatal crashes were male as compared to 73 percent of drivers in all fatal crashes. Additionally, 56 percent of distracted drivers involved in fatal crashes were driving in the daytime (between 6 a.m. and 5:59 p.m.) as compared to 53 percent of drivers in all fatal crashes.”  https://crashstats.nhtsa.dot.gov/Api/Public/ViewPublication/812260  National Center for Statistics and Analysis. (2016, April). Distracted driving 2014 (Traffic Safety Facts Research Note. Report No. DOT HS 812 260). Washington, DC: National Highway Traffic Safety Administration.

https://www.osha.gov/dep/fatcat/dep_fatcat.html

 

1) I believe that I have been wronged by another individual or entity, what should I do next?

You should contact an attorney promptly. One reason is that you will not run the risk of having your claim barred by the statute of limitations. Also, your recollection of the events is crucial and as time goes by your memory may fade.

2) How do I commence a civil lawsuit in Rhode Island utilizing a RI wrongful death lawyer?

A civil lawsuit is commenced when a plaintiff serves a Complaint and a Summons upon the defendant. The complaint is the legal document that sets forth the alleged misconduct by the defendant. The summons is the legal document that directs the defendant to appear before the court.

3) What should I do if I am served with a Summons and Complaint in a Rhode Island lawsuit?

You should seek the advice of a Rhode Island attorney immediately. As the summons instructs, you only have twenty (20) days in which to respond to the Complaint. If the 20 days period passes, the defendant will be in default and lose the case. The response to the Complaint is called an Answer. This legal document sets forth the defendant’s defenses and counterclaims against the plaintiff.

4) How much will it cost to hire a Rhode Island wrongful death attorney?

Every lawyer is free to set his own billing method. There are many different types of billing methods. Most RI wrongful death lawyers offer a contingent fee, where you only pay the Providence wrongful death attorney if you win the case. Usually the attorney will determine which method is best by the type of litigation in question. Slepkow, Slepkow & Associates never charges any fee in a personal injury case unless successful.

5) How long before the lawsuit will be finished?

After the pleadings (Complaint and Answer) have been served, there is a discovery process. This is the period when the parties obtain all of the facts of the case. The length of this process depends on the complexity of the case. The overwhelming majority of cases are settled long before trial.

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Rollover deaths and rollover catastrophic injury caused by defective auto design lawsuits – Defects Lawyer

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Even the Safest Motorcyclist Cannot Always Avoid Accidents - Dolman Law Group

Even the Safest Motorcyclist Cannot Always Avoid Accidents - Dolman Law Group | RI Motorcycle Accident | Scoop.it
As a motorcyclist, you can take the training classes, wear the right gear, avoid riding in poor weather, and obey all traffic and safety laws - what you ca

Via Matthew A. Dolman
Matthew A. Dolman's curator insight, October 9, 2017 9:03 PM

As a motorcyclist, you can take the training classes, wear the right gear, avoid riding in poor weather, and obey all traffic and safety laws – what you cannot do, however, is control the other drivers on the road. Not all drivers are careful about sharing the road with riders and some drivers may even become nervous around motorcycle operators and make errors on the road. Further, poor road maintenance can also lead to serious, if not fatal, motorcycle accidents without any fault on the part of the rider.

(click on this article to learn more)

 

https://www.dolmanlaw.com/legal-services/motorcycle-accident-attorneys/

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Rhode Island Bicycle Accident Lawyer

RI Bike Crash Attorney. Personal Injury Attorneys in Rhode Island
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You may have also sustained some injuries that were similar to what you might experience during a car accident. Think about some of the different challenges you may face in the courtroom as a consequence of this. You will want to speak to Rhode Island personal Injury Attorney, who can help guide you through any challenges that you may be facing.


The first and most important step will be to seek out medical help as soon as possible if you are feeling any pain. You need to obtain a RI bike crash attorney in RI as soon as possible. It is crucial that you to talk to an experienced and knowledgeable legal professional. Make sure you seek medical care from medical professionals to figure out the extent of your injuries. Your Providence Bicycle Accident Lawyer can help you identify some of the different types of compensation you may be eligible to receive.


Your negligence attorney, will likely ask you very specific questions about the nature of the bicycle crash. It will be important to recall the details as accurately as possible. It is especially important to try to work with an attorney who can help walk you through what some of these details mean. You may want to request copies of the police report and any medical records that were generated as a result of this accident. These can help the attorney figure out what steps you should take to file a suit. They may be able to determine the likelihood of prevailing in bicycle accident litigation  in the Rhode Island court system.


You should also pay careful attention to the types of medical bills or pain you may be feeling as a result of the case. The lawyer may be able to refer you to a specialist that can help examine you for further injury. They will report back to the lawyers with any findings that they may have.


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Arizona Personal Injury Accident Law - RI Premises Liability & Slip and Fall Center

Avondale | Bullhead City | Chandler | Gilbert | Glendale | Kingman | Mesa |Parker | Phoenix | Scottsdale | Tempe  | Tucson | Winslow | Yuma Arizona  (AZ) Court Decisions concerning slip and fall and premises liability: 152 Ariz. 398 (1987)733 P.2d 283 Nancy P. CHIARA and Richard A. Chiara, wife and husband, Plaintiffs-Appellants, v. FRY’S FOOD STORES OF ARIZONA, INC., a California corporation; and Fry’s Food Stores, Inc., a California corporation, Defendants-Appellees. No. CV-86-0047-PR.Supreme Court of Arizona, En …
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Courts in Arizona and in other jurisdictions have mitigated this seeming inequity by developing the “mode-of-operation” rule. The “mode-of-operation” rule looks to a business’s choice of a particular mode of operation and not events surrounding the plaintiff’s accident. Under the rule, the plaintiff is not required to prove notice if the proprietor could reasonably anticipate that hazardous conditions would regularly arise. See Bloom v. Fry’s Food Stores, 130 Ariz. 447, 636 P.2d 1229 (App. 1981);Tom v. S.S. Kresge Co., 130 Ariz. 30, 633 P.2d 439 (App. 1981). In other words, a third person’s independent negligence is no longer the source of liability, and the plaintiff is freed from the burden of discovering and proving a third person’s actions. A plaintiff’s proof of a particular mode-of-operation simply substitutes for the traditional elements of a prima facie case — the existence of a dangerous condition and notice of a dangerous condition. This is neither a new nor radical principle. We have recognized, in other contexts, a businessman’s duty to anticipate the hazardous acts of others likely to occur on his property, e.g., Chernov v. St. Luke’s Hospital Medical Center, 123 Ariz. 521, 522-23, 601 P.2d 284, 285-86 (1979)(hospital not entitled to summary judgment when plaintiff alleged that accident in hospital parking lot was produced by hospital’s improper maintenance of traffic control signals); see also Restatement (Second) of Torts § 344 (“A possessor of land who holds it open to the public for entry for his business purposes is subject to liability to members of the public while they are upon the land for such a purpose, for physical harm caused by the accidental, negligent, or intentionally harmful acts of third persons …, and by the failure of the possessor to exercise reasonable care to [protect the public]“).

The mode-of-operation rule is of limited application because nearly every business enterprise produces some risk of customer 401*401 interference. If the mode-of-operation rule applied whenever customer interference was conceivable, the rule would engulf the remainder of negligence law. A plaintiff could get to the jury in most cases simply by presenting proof that a store’s customer could have conceivably produced the hazardous condition.

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Albuquerque New Mexico Slip and fall Premises Liability Law - RI Premises Liability & Slip and Fall Center

33 P.3d 32 (2001) 131 N.M. 32 2001-NMCA-068 Cloyd ENNIS, Plaintiff-Appellee, v. KMART CORPORATION, Defendant-Appellant. No. 20,977. Court of Appeals of New Mexico. June 21, 2001. Certiorari Denied September 6, 2001. June 21, 2001. Certiorari Denied September 6, 2001. Excerpt from the New Mexico Slip and Fall decision from The Court of Appeals of New …
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here have been relatively few “slip-and-fall” cases in New Mexico. These are Barakos v. Sponduris, 64 N.M. 125, 325 P.2d 712; Kitts v. Shop Rite Foods, Inc., 64 N.M. 24, 323 P.2d 282; Barrans v. Hogan, 62 N.M. 79, 304 P.2d 880; and De Baca v. Kahn, 49 N.M. 225, 161 P.2d 630. In addition to these true “slip-and-fall” cases, there have been several other cases involving the duty of a business proprietor to his invitees. The most recent of these latter cases is Gonzales v. Shoprite Foods, Inc., 69 N.M. 95, 364 P.2d 352. The Gonzales case involved injuries sustained by a customer when a small box of dry starch fell from its stack in a self-service store, striking a bottle of liquid starch and causing the latter to crash onto her foot. In the Gonzales case we stated the rule as follows: “`This court has taken the position that the proprietor of a place of business to which any and all members of the public are invited is not a guarantor of the safety of those who enter such place of business. It is the established holding in this court that, in order to render the proprietor of a place of business liable in damages to another for injuries sustained in that place of business, he must be guilty of negligence; and that such negligence must consist of the maintenance of a dangerous condition in or about the place of business and of knowledge on the part of the proprietor of the existence of the dangerous condition, or there must be evidence giving rise to inferences which charge the proprietor with knowledge.’
* * * * * *


“* * * we have said that what constitutes due care of an inviter is always to be determined by the circumstances and conditions surrounding the transaction under consideration. De Baca v. Kahn, supra. * *”


De Baca v. Kahn, supra, is one of the earliest “slip-and-fall” cases in this jurisdiction, with the possible exception of Snodgrass v. Turner Tourist Hotels, 45 N.M. 50, 109 P.2d 775, which involved a change in level accompanied by poor lighting, rather than the presence of a slippery spot or a foreign substance on the floor or stairs. Similar cases are Seal v. Safeway Stores, 48 N.M. 200, 147 P.2d 359, and Dominguez v. Southwestern Greyhound Lines, 49 N.M. 13, 155 P.2d 138.


important keywords: premises liability and slip and fall claims, Construction accidents

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Alabama Premises Liability Law - RI Premises Liability & Slip and Fall Center

Albertville | Andalusia | Anniston | Arab | Auburn | Birmingham | Brewton |Centre | Childersburg | Clanton | Cullman | Decatur | Dothan | Enterprise |Evergreen | Florence | Foley | Fort Payne | Gadsen | Heflin | Huntsville | Jackson| Jasper | Mobile | Montgomery | Monroeville | Ozark | Pelham | Pell City |Phenix City | Prattville | Roanoke | Selma | Sylacauga | Talladega | Troy |Tuscaloosa | Tuscumbia | Tuskegee 109 So.3d 170 (2012) Ex parte ADVANTAGE RESOURCING, INC. (In re Hennon Hollinghead v. Willstaff, Inc., et al.). 2100716.Court of Civil Appeals of Alabama.April 20, 2012  “Unlike the injured employee at issue in Ex parte Patton, however, the employee in this case did not simply allege and prove that he had …
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Unlike the injured employee at issue in Ex parte Patton, however, the employee in this case did not simply allege and prove that he had suffered a fall on an employer’s premises. Rather, the evidence in this case, viewed in a light most favorable to the employee, indicates that the employee, at the time that he fell on the PVC pipe, was in the process of returning to the shop, i.e., the place where the employee reported at the start of each of his workdays, after having gone to his automobile to retrieve a two-way radio, which no party disputes was a tool of the employee’s work. The walkway that the employee used was used by other RDA workers at the time that the employee suffered his fall and subsequent injury, notwithstanding the fact that that path was marked as being impassable after the employee’s fall. That the fall in this case stemmed from a PVC pipe that had been allowed to remain in close proximity to a walkway leading to a shop at which the employee and his coworkers were to report for work each day and that the employee’s fall occurred at a time and place at which he would reasonably be expected to have reported in furtherance of the employment relationship both support the trial court’s determination that the employee’s fall indeed arose out of and in the course of his employment. See Ex parte Strickland, 553 So.2d 593, 595 (Ala.1989) (holding that employee’s injury, which had occurred after he had jumped from a fence enclosing his employer’s company parking lot after having retrieved personal items and a work tool belt from the lot, was “`naturally related’ to his employment” for purposes of legal causation under the Act; employee was covered for a reasonable time, space, and opportunity before and after he was at or near his place of employment); see also Benoit Coal Mining Co. v. Moore, 215 Ala. 220, 222-23, 109 So. 878, 880 (1926) (“`the movement of the employee in entering, at the appropriate time, the employer’s premises to discharge his function [and] his preparation to begin … his actual service’” are deemed “`naturally related and incidental acts in the course of the employment’” (quoting Ex parte Louisville & Nashville R.R., 208 Ala. 216, 219, 94 So. 289, 292 (1922))).”


http://scholar.google.com/scholar_case?case=10465126509689257340&q=slip+fall+accident&hl=en&as_sdt=4,1&as_ylo=2010


important keywords: premises liability and slip and fall claims, Construction accidents

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David Slepkow, Attorney At Law Services | Lawyer East Providence, RI

For more information about our Lawyer services, please contact David Slepkow, Attorney At Law in East Providence, RI today. (401) 352-4969
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If you're looking for excellent service and a people-friendly approach, then you've come to the right place. At David Slepkow, Attorney At Law, our ultimate goal is to serve you and make your experience a pleasant one, and our team will stop at nothing to ensure that you come away more than satisfied.


important keywords: RI personal injury accident , RI personal injury lawyer, car accidents in Rhode island

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East Providence, RI Auto Accident Law | David Slepkow, Attorney At Law

East Providence, RI Auto Accident Law | David Slepkow, Attorney At Law | RI Motorcycle Accident | Scoop.it
Auto Accident Law: Contact David Slepkow, Attorney At Law located in East Providence, RI today for more information about our Lawyer services. (401) 352-4969
David Slepkow's insight:

Being involved in an auto accident is a frightening experience that can drastically change your life within seconds.  A car accident can cause debilitating physical injuries, emotional trauma, and costly property damage. And a serious car accident injury that prevents you from returning to your job (or that limits the number of hours you can work) can be financially devastating. Even an accident that occurs at a low speed, or that doesn’t result in much damage to your car, can cause physical injuries.

If you’ve been involved in a car accident, it’s important to take steps to protect your legal rights, before it’s too late. If you’ve recently been hurt in a motor vehicle accident, we can help you by:


  • Investigating your accident to compile evidence
  • Negotiating on your behalf with the other driver’s insurance company (if the other driver is uninsured, we can help you file for uninsured motorist benefits under your own insurance policy)
  • Filing and pursuing a lawsuit on your behalf if negotiations don’t lead to a successful settlement


An auto accident lawyer from our firm can help you find peace of mind after your accident so that you can move forward with your life. Contact us to set up a consultation with a lawyer from our office.


important keywords: Fatal Vehicle Accident, Car Accident Attorney, Truck Accident Attorney

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Commercial Insurance: CRUCIAL for non-auto owners with company car to have "drive other car" coverage

Commercial Insurance: CRUCIAL for non-auto owners with company car to have "drive other car" coverage | RI Motorcycle Accident | Scoop.it
“Drive other cars” (DOC) commercial coverage may be important for most business owners, employees or partners who have a motor vehicle owned in a corporate capacity. “Drive other cars” coverage is absolutely essential for anyone who has a car owned by a corporation, Limited Liability Company LLC or business entity, when the person does not…
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He has peace of mind because his company provides him “full coverage” with 1 million dollar liability in the event of motor vehicle accident, collision coverage as well as underinsured and uninsured motorist coverage amounting to 1 million! Paul also uses the car for personal use. As a result Paul does not own another vehicle.

Paul is out with his buddy Jim using Jim’s pick-up truck. Jim was drunk and as a result, Paul graciously offers to drive his car home. On the way home, a semi-truck (tractor trailer) slams into the pickup truck he was driving in a rear end crash. This caused Paul to have several fractured disks, a broken leg and traumatic brain injury. He is totally disabled for year and he has several surgeries.


Sadly the semi-truck OWNER let his insurance LAPSE FOR NONPAYMENT. His buddy Jim only has $25,000 of uninsured motorist coverage which is the minimum required by the state. Paul is only able to collect the 25k uninsured motorist policy. He is unable to get the 1 million dollar underinsured coverage in his commercial policy.

Paul never looked into the terms of his commercial policy to insure that he was covered for truck and motor vehicle collisions when he drove other cars. Paul did not have the drive other car coverage. He is forced to live for the rest of his life on social security disability of $1,800 a month and live in subsidized housing as a result of the trucking accident. He also cannot afford a home nurse to care for him. His house is also foreclosed on him and he declares bankruptcy.


Paul receives no uninsured motorist coverage because he failed to request from his company a drive other car endorsement.

According to Clark Mortenson, “Drive other car coverage provides liability, medical payments, uninsured/underinsured motorist, and physical damage coverage for the personal use of a non-owned automobile by the individual you wish to protect. If an individual, for example, a company officer, does not have their own personal auto policy, and drives a corporate car, you would want to add this coverage to protect them from exposures such as borrowing a neighbor’s vehicle, or renting a car on vacation with their family. If your business is a sole proprietorship, you should have the Individual Named Insured endorsement attached to your business auto policy to provide you with the same coverage.” http://www.clarkmortenson.com/for-your-business/insurance-bonds/business-auto-insurance/drive-other-car.


important keywords: Insurance Policy Attorney, Insurance Policy Lawyer,Insurance Claim Lawyer, Personal Injury Claim

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What Is The Minimum Liability Auto Insurance Coverage in Your State And Why Should You Carry More If Possible?

What Is The Minimum Liability Auto Insurance Coverage in Your State And Why Should You Carry More If Possible? | RI Motorcycle Accident | Scoop.it
In every state in the U.S. from California to Rhode Island, every driver of a motor vehicle is required to carry a minimum amount of auto insurance coverage for liability for personal injury or property damage. Coverage is stated in terms of the limits for claims for personal injury presented by a single claimant, limits…
David Slepkow's insight:

While many people choose to just purchase the minimum, required insurance for their automobile, it is always advisable to carry as much auto insurance coverage as possible. Oftentimes, if a person has any type of significant injury such as a fracture, slipped disc or any other bodily harm requiring costs for things like surgery or extensive therapy, their claim will far exceed these minimum limits? What happens in that scenario? If the person is represented by a personal injury lawyer, that lawyer will run an “asset check” on the at fault party. If the check reveals any type of asset such as a home or other property, vehicles, liquid assets such as money in the bank, or anything with any significant value that could be attached to pay a judgment in excess of insurance, you may not be able to get released from the claim by just turning it over to insurance. A lawyer may ask that the “insured” make some, personal contribution above and beyond the auto insurance policy limit as a condition of settlement of claims.


For these reasons, it is always suggested that you carry as high of a policy limit for single and multiple claims (and property damage for that matter). Obviously, higher limits require higher premiums but, this additional coverage could mean the difference between being able to satisfy claims without coming “out of pocket” or even prevent something as drastic as a personal bankruptcy. Many auto insurance carriers also write homeowners policies, motorcycle, boat, RV and other types of policies and offer discounts for “bundling” coverage. Many of these insurance companies also offer “umbrella” or “excess” coverage which can provide additional limits (usually up to a million dollars or more) for very little additional premiums (sometimes as little as a few hundred dollars a year) if you take out more than “minimum coverage”. For example, many carriers in California offer such excess coverage if a person carries a minimum of $250,000/$500,000.


You can’t put a price on “peace of mind”. Review what your state requires at a minimum above and make sure you at least have this coverage so that you do not violate financial responsibility laws that can jeopardize your license but, try to always carry higher limits of coverage and umbrella coverage if possible. It can make a big difference if and when a claim or multiple claims are filed against you after a traffic collision!


important keywords: Insurance Policy Attorney, Insurance Policy Lawyer,Insurance Claim Lawyer, Personal Injury Claim

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What is an average settlement for a Motorcycle Accident?

What is an average settlement for a Motorcycle Accident? | RI Motorcycle Accident | Scoop.it
What is an average settlement for a Motorcycle Accident?

Via Alex Hernandez Jr.
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Guide to equitable division of assets in a RI divorce by a RI divorce lawyer

Guide to equitable division of assets in a RI divorce by a RI divorce lawyer | RI Motorcycle Accident | Scoop.it
An informative RI Family Law article by Rhode Island divorce lawyer, David Slepkow 401-437-1100. Dividing assets in divorce in Providence Family Court.
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A Guide to Division of Property in RI Divorce | Who Gets The Property?

Rhode Island divorce lawyer | RI divorce lawyers | divorce in ri

This RI divorce law article was authored by a Rhode Island divorce lawyer. In Rhode Island, all property and assets acquired by the parties during the marriage constitute marital property subject to equitable division by the RI Family Court. (There are certain limited exceptions, some of which are set forth in more detail below) Inheritance and gifts do not constitute marital property in RI subject to being divided unless the parties co-mingle such property. Co-mingling could cause non-marital property to become transmuted to marital property.

RI divorce laws

Assets and property owned by husband or wife prior to the marriage is not marital property subject to equitable division in a divorce in RI by a Rhode Island Family Court judge or General Magistrate. However, the appreciation in value of that account, real estate or property, is marital property. “In order for the appreciation of value of premarital property to be equitably divided, the appreciation must result from the efforts of the spouse who do did not own the asset prior to the marriage.” § 15-5-16.1. Assignment of property.

Rhode Island divorce lawyer, David Slepkow authored this informative RI divorce law article. This legal article explains: what is marital property in a divorce in Providence Family Court. RI family court attorney, Slepkow also explains what constitutes non- marital property in Rhode Island. Divorce in RI and RI divorce laws are a serious matter and you should consult with a RI divorce lawyer about your case to get legal advice.

Marital and non-marital property in RI

In Rhode Island, all property and assets acquired by the husband and wife during the marriage constitute marital property subject to equitable division by the Family Court. (There are certain limited exceptions, some of which are set forth in more detail below) Inheritance and gifts do not constitute marital property in RI subject to being divided unless the parties co-mingle such property. Co-mingling could cause non-marital property to become transmuted to marital property.

A transmutation of non-marital property to marital property could occur if a person puts the other spouse’s name on a bank account or brokerage account or transfers title to real estate via a quit claim deed.

Personal Injury settlements in RI | divorce in ri

Personal injury settlements or judgments, in Rhode Island, relating to pain and suffering, disability and certain types of disability pensions are not marital property. However, portions of injury settlements pertaining to lost wages during the marriage and medical bills expended during the marriage or other similar such damages, constitute marital property subject to equitable division. Please contact a Rhode Island divorce lawyer for a more detailed explanation.  For a more in depth explanation of whether injury awards are marital property in RI, please see also https://rhodeislanddivorcelawyerarticles.com/are-personal-injury-awards-marital-property-in-a-ri-divorce/

Is premarital property subject to equitable division of assets in Providence Family Court?

Assets and property owned by husband or wife prior to the marriage is not marital property subject to equitable division by a Rhode Island Family Court judge or General Magistrate. However, the appreciation in value of that account, real estate or property, is marital property. “In order for the appreciation of value of premarital property to be equitably divided, the appreciation must result from the efforts of either spouse during the marriage. This provision requiring that the appreciation result from the efforts of the either spouse is often loosely applied in Rhode Island Family Court, especially in marriages of long duration.”  See also: http://www.hg.org/article.asp?id=18610 

For example, if husband owned investment multi-family real estate before the marriage and the real estate appreciated during the marital union then such appreciation may be divided by a RI Family Court Justice if wife can show that the appreciation is active appreciation as a result of the efforts of either party.

Is property divided half to the wife & half to husband in a divorce in Rhode Island?

No, not in every case. If you and your spouse cannot agree on how to divide marital assets then contact a divorce attorney in Rhode Island.

How can fault be relevant in a divorce in Providence Family Court?

Even though Rhode Island and Providence Plantations is considered a no-fault state, fault allegations (if they can be proved) can play a significant role in how the Rhode Island Family Court equitably divides the debts and property of the marriage. The Providence Family Court Judge or General Magistrate must first determine what property constitutes marital property under RI law. Once that is determined, the RI Family Court Justice will analyze  numerous  factors set forth in  R.I.G.L. 15-5-16.1 to establish the division of marital property.

The RI domestic court may  review these factors set forth in the law, to determine equitable assignment of the property: a) The length of the marriage b) The conduct of the parties during the marriage c) The contribution of each of the parties during the marriage in the acquisition, preservation or appreciation in value of their respective estates d) The contribution and services of either party as a homemaker e) The health and age of the parties f) The amount and sources of income of each of the parties g) The occupation and employ-ability of each of the parties h) The opportunity of each party for future acquisition of capital assets and income. These factors are among other factors in R.I.G.L. 15-5-16.1.

The RI equitable distribution law specifically declares that the RI Family Court may consider any factor which the court so expressly finds to be just and proper. 

Please note that in many cases the parties decide to divide the property 50% to the wife and 50% to the husband. One of the most important factors the judge will look at in granting the husband or wife a disproportionate share of the marital assets is if the other party cheated, was emotionally or physically abusive or had substantial drug and alcohol problems.

The court will also look at other negative, antisocial, harmful or deleterious conduct in awarding a disproportionate share of the marital assets. It is not uncommon for a judge to award a 60/40 or 55/45 distribution if the court finds that one party had an extra marital affair and that affair led to the breakdown of the marriage.

Can the Providence Family Court defer the sale of the marital home for the best interest of the children?

If husband or wife demands a deferred sale of the former marital domicile, then the Providence Family Court must make findings of fact whether or not it is economically feasible for  the spouse who is residing in the real property to pay the mortgage, liens, taxes and insurance on the house until the home is sold at some point in the future. In  making its determination of this important issue, the Rhode Island Family Court will examine at the income of the resident parent, any alimony the parent receives, child support and other source of income to make those payments. The purpose of this RI law is to prevent foreclosures, uninsured property, and deterioration of the marital home and to protect the other spouse’s equity in the real estate.

After the Newport Family Court determines that it is “economically feasible” for the parent to remain in the house with the minor children or child in a Rhode Island divorce , the Newport Family Court will  decide whether it is in the best interests of the minor child to stay in the house. The Family Court in Rhode Island will use its discretion in making this determination.  For more a more detailed explanation of deferred sale of the former marital domicile please click on this article.

Is the appreciation of a gift or inheritance subject to equitable division by a Providence Family Court Judge?

No. Pursuant to Rhode Island divorce law, appreciation of inheritance or gifts during the course of the marriage is not subject to equitable distribution

Many people are searching the internet trying to get information about Rhode Island divorce court and trying to obtain Rhode Island divorce forms.  Some people are seeking info on how to file for a divorce in RI or contested divorce in RI. Most people are unaware that it seems that the majority of divorces are uncontested. Many people do not know that there is a 3 month waiting period after the divorce hearing until a litigant can get a Rhode Island divorce final decree otherwise known as a final judgment of divorce.

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Divorce Statistics:

“At the time of their divorce, 76 percent of people ages 40 to 79 who divorced later in life had children, the majority of whom were under 18 years old.  Although more than a third of those with children (37%) report that their children were supportive, and an additional 17 percent say that their children were “OK” with it, 28 percent recall that their children were somewhat upset, and 18 percent say their children were very upset, about their divorce.” The Divorce Experience A Study of Divorce at Midlife and Beyond Conducted For AARP The Magazine Report by Xenia P. Montenegro, PhD National Member Research, Knowledge Management Survey conducted by Knowledge Networks, Inc.  http://assets.aarp.org/rgcenter/general/divorce.pdf

“No one enters into a marriage expecting it to fail. Still, more than 20 percent of first marriages end in divorce within five years, and 48 percent of marriages dissolve by the 20-year mark, according to 2006-2010 data from the government’s National Survey of Family Growth.1 Separation and divorce are emotionally difficult events, but it is possible to have a healthy breakup.” Healthy Divorce http://www.apa.org/helpcenter/healthy-divorce.aspx 

Please contact Rhode Island divorce attorney, David Slepkow for legal representation in your RI divorce. More information

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Defective airbags and catastrophic injury and death lawsuit – Defects Lawyer

Defective airbags and catastrophic injury and death lawsuit – Defects Lawyer | RI Motorcycle Accident | Scoop.it
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Those that have been injured or damaged by defective airbags in vehicles have legal recourse against the car manufacturers under a product liability theory. Product liability law allows for recovery in under several potential theories. They are negligence, tortious misrepresentation, strict liability and warranty. Under the strict liability rule, anyone in the “stream of commerce,” regardless of whether they are the actual manufacturer, may be held liable for a defective product. This liability is automatic when it is shown that the product was defective notwithstanding any efforts that the liable party may or may not have made to detect or prevent the defect.

TAKATA AIRBAG LAWSUITS

Airbags in certain models of Japanese cars that were sold starting in 2002 have been shown to be defective. Takata is the major manufacturer of airbags that were used in the production of these cars. The airbag’s inflator is the key component in the deployment of the airbag. In these models, the inflator ignited with such force that it injured occupants of the vehicles. This was caused by a defect in the manufacturing of the airbag. Takata manufactured the airbags using an ammonium nitrate-based propellant without also using a chemical drying agent. The effects of moisture and temperature degraded the propellant such that when the airbag deployed, it did so with violent force that it caused sometimes catastrophic injuries. Sometimes, the airbag deployed without any impact whatsoever, causing accidents and other injuries. This deployment was accompanied by the expulsion of various shrapnel and metals with explosive force that gravely injured vehicle occupants. This defect occurred in tens of millions of airbags, sparking a massive and complex product recall. Before the issue was addressed, the defective airbags caused at least 23 deaths internationally, 15 of which were in the United States. Further compounding the problem, Takata officials manipulated test data results to hide the defects and lied to regulators. The evidence shows that Takata not only knew about this issue, but took steps to hide it as well.

AIRBAG CLASS ACTION LAWSUIT

Since auto manufacturers are also in the “stream of commerce,” they have been subjected to large class action lawsuits seeking recovery for injuries and damages. Multiple suits have been filed in various jurisdictions. The first major suit was filed in 2014 and was filed as a multi-state class action. The suit alleged that it was not subject to any sort of statute of limitations because Takata engaged in a practice of fraudulently concealing the defect. Thus, it would not have been possible to discover the existence and the extent of the defects before the statute of limitations tolled. According to the complaint, the Magnuson-Moss Warranty Act was violated by Takata’s actions and the manufacturers’ selling of these vehicles. This statute provides a federal law cause of action when either a written or implied warranty is violated. Here, customers should have expected that the vehicle that they purchased should have worked for its intended purpose. In addition, the complaint alleged fraud as well as numerous violations of various state consumer protection laws.

HORRIFIC INJURIES WHEN AIRBAG INFLATOR EXPLODES

Another major suit was filed a few months later. Patricia Mincey, the plaintiff, was a Florida woman who sustained horrific injuries when her airbag inflator exploding during the course of a minor vehicular accident. This lawsuit took a slightly different approach to seeking relief for the defective airbags. According to the complaint, Mincey’s estate followed a traditional products liability approach in alleging strict liability on the part of both Takata and the manufacturers. The complaint alleged that Takata failed to use due care in their manufacture and design of the airbags and failed to incorporate reasonable safety standards. In addition, the complaint charged that the defendants acted negligently and fraudulently to conceal the defects in the airbags.

TAKATA BANKRUPTCY

For Takata, this entire saga has resulted in the corporation’s bankruptcy. This makes potential claimants creditors of the corporation. However, it also means that the only “deep pockets” that may compensate damaged customers are now the auto manufacturers. Takata will be creating a trust fund out of its remaining assets to compensate its customers. After the bankruptcy proceedings, Takata will no longer be operating as a going concern. In addition to bankruptcy and litigation, Takata also faced enforcement actions brought by 44 state attorneys general alleging deceptive trade practice. Takata settled all of these charges.

TAKATA LAWSUIT SETTLEMENT

Many of these cases have recently settled. In the Mincey case, Takata settled right before the time when its president would have been deposed. In addition, some of the large class actions against the automobile manufacturers have settled. For example, BMW, Mazda, Subaru and Toyota have agreed to pay a combined total of $553 million to settle the claims brought against them. Car owners have received settlement notices, alerting them of the fact that they can receive a settlement payment. Automakers had been seeking payment from Takata to compensate them for their liabilities to car purchasers. However, as part of a settlement, they have dropped their claims against Takata and agreed to compensate car owners.

DEFECTIVE AIRBAGS

According to the NTHSA, the defective airbags are still an ongoing issue. Automakers cannot recall vehicles fast enough in order to repair the defective airbags. For millions of drivers, the defect remains in the car until the airbags are replaced. This subjects many drivers to ongoing danger for the time being. This is the largest product recall in United States history which is compounded by the complexity of the issue. This matter has drawn the attention of the NTHSA and the United States Congress as speed is of the utmost important in executing this recall given the fact that owners are driving these cars with a ticking time bomb. Since these conditions tend to be aggravated by heat and humidity, those in southern states are particularly vulnerable. In the meantime, automakers will remain liable for any injuries or damages sustained by vehicle occupants until their airbags can be replaced.

Sources:

Consumer Reports: https://www.consumerreports.org/car-recalls-defects/takata-airbag-recall-everything-you-need-to-know/

https://www.consumerreports.org/car-recalls-defects/takata-airbag-legal-settlement-trust-fund-compensation/

Mincey v. Takata Complaint – https://www.scribd.com/document/254530779/Mincey-Final-Complaint-Against-Takata

Dunn et al v. Takata – https://www.labaton.com/en/cases/upload/Takata-Dunn-v-Takata-Corp-No-14-cv-24009-S-D-Fla-Complaint.pdf

New York Times – https://www.nytimes.com/2016/05/05/business/takata-airbag-defect-recall.html

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RI Personal Injury Attorney

RI Personal Injury Attorney | RI Motorcycle Accident | Scoop.it
Attorney David Slepkow is an aggressive RI lawyer who helps with Personal Injury Claims, Auto / Car Accidents and Premises liability throughout Rhode Island.
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Pursuing RI Fatal Accident Claim with a Wrongful Death Lawyer

Pursuing RI Fatal Accident Claim with a Wrongful Death Lawyer | RI Motorcycle Accident | Scoop.it

A wrongful death claim in Rhode Island could result from hundreds of different types of causes of actions including but not limited to: car accident, truck accident, bicycle accident, pedestrian death, slip and fall, assault, construction mishap, premises liability, negligent security, medical malpractice, product liability, motorcycle crash etc.

 

Seeking Compensation for a fatal car, semi truck or premises liability accident in RI.

 

A wrongful death lawsuit is a cause of action that must be filed to seek compensation for numerous types of damage that could include:

 

• A loss of income
• Related medical costs and hospital bills
• Funeral expenses
• Loss of consortium and companionship
• Loss of wages
• Loss of any future earnings and inheritance
• Pain, suffering and grief

 

Defining Wrongful Death

 

Wrongful death is a legal term concerning the loss of life through recklessness, negligence or the deliberate behavior of others. To receive compensation, the survivors or their legal representatives must establish a valid claim for wrongful death proving four specific points in a court of law that include:

 

• The parties at fault owed a legal DUTY to the victim
• The actions or lack of actions of parties at fault constitute a breach in that responsibility
• The breach of responsibility can be directly related to the death of the victim; and
• The victim died because of the incident

 

In a truck collision or vehicle accident case, the surviving family members (claimants) will need to establish how all parties responsible for the accident failed TO ACT REASONABLY AND WITH DUE CARE in some manner that led to the victim’s death. This could include failing to drive in a reasonable and safe manner, maintaining the roadways properly, ensuring that the vehicle components are not defective or other factors.

 

 

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Arkansas Accident Slip and Fall & Premises Laibility - RI Premises Liability & Slip and Fall Center

Arkadelphia | Batesville | Benton | Blytheville | Cabot | Conway | El Dorado |Fayetteville | Fort Smith | Gentry | Harrison | Heber Springs | Hot Springs National Park | Jacksonville | Jonesboro | Little Rock | North Little Rock |Paragould | Rogers | Russellville | Searcy | Springdale | Texarkana | West Memphis 375 S.W.3d 685 (2010)2010 Ark. App. 413 Anthony JENNINGS, Appellant v. ARCHITECTURAL PRODUCTS, INC., Appellee. No. CA 09-529.Court of Appeals of Arkansas.May 12, 2010. “We thus turn to the merits of this case. At the trial, Mr. Jennings testified about the alleged slip-and-fall accident that occurred on …
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The goal of discovery is to permit a litigant to obtain whatever information he may need to prepare adequately for issues that may develop without imposing an onerous burden on his adversary. Dodson v. Allstate Ins. Co., 345 Ark. 430, 47 S.W.3d 866 (2001). Imposition of sanctions for failure to provide discovery rests in the trial court’s discretion, and among the sanctions that may be imposed is prohibiting the introduction of evidence. See Coulson Oil Co. v. Tully, 84 Ark.App. 241, 139 S.W.3d 158 (2003). The supreme court has found an abuse of discretion where there has been an undue limitation of substantial rights of the appellant under the prevailing circumstances. Allen v. Greenland, 347 Ark. 465, 65 S.W.3d 424 (2002).

The thrust of Mr. Jennings’ argument is that his late production of the medical documents had no adverse effect on the appellee because Architectural Products was already in possession of all of the documents he intended to introduce. He correctly asserts that three weeks prior to trial, Architectural Products filed with the circuit clerk a “notice of filing medical records to plaintiff,” which was accompanied by hundreds of pages of medical records and bills. Mr. Jennings asserts that the medical documents filed by Architectural Products consisted of every record related to his injuries resulting from his fall at the appellee’s business. Mr. Jennings submits that because all of the medical documents he wished to introduce had already been in the appellee’s possession for at least three weeks, the appellee was not surprised and he should have been allowed to admit them into evidence. Mr. Jennings contends that the trial court abused its discretion in excluding the medical bills and records, and that the abuse of discretion placed an undue limitation on his substantial rights because he was prevented from presenting proof of the nature and extent of his injuries.

We hold that our review of this issue is precluded by appellant’s failure to make a proffer of his medical records and bills to the trial court. Arkansas Rule of Evidence 103(a)(2) provides:

important keywords: Slip and Fall accident, RI personal injury lawyer, Car Accidents Lawyer

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Anchorage Premises Liability Accident Law - RI Premises Liability & Slip and Fall Center

872 P.2d 1213 (1994) Darlene NEWTON and Stan Newton, Appellants, v. Enid MAGILL and Estate of Fred Magill, dba Magill’s Trailer Park, Appellees. No. S-5219. Supreme Court of Alaska. April 29, 1994. Rehearing Denied May 17, 1994. Excerpt from the Alaska Supreme Court Slip and fall Premises Liability decision Newton v Magill set forth below: …
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The courts of a number of jurisdictions have begun to discard this common law rule, however, in favor of the principle that landlords are liable for injuries caused by their failure to exercise reasonable care to discover or remedy dangerous conditions. These courts have relied in part on statutory or common law warranties of habitability and in part on a belief that the rule of landlord immunity is inconsistent with modern needs and conditions.


The decision which began the trend imposing a general duty of care upon landlords was Sargent v. Ross, 113 N.H. 388, 308 A.2d 528 (N.H. 1973). Sargent involved the death of a tenant’s four-year-old daughter in a fall from an outdoor stairway attached to an apartment house. The tenant brought a wrongful-death action against the landlord, alleging negligence in the construction and maintenance of the stairway. Evidence indicated that the stairs were dangerously steep and the railing was insufficient to prevent the child from falling over the side. The jury returned a verdict for plaintiff. Id. 308 A.2d at 529-30.


In affirming, the New Hampshire Supreme Court indicated that it might have analyzed the case as falling within an exception to the common law rule of landlord immunity, but declined to do so. Although the stairway was not a common passageway, the court might have strained to find that the landlord still retained some control over it; the court might also have found a hidden defect, at least as to the infant decedent; or the court might have found that the landlord had been negligent in making repairs to the stairway. Instead, the court stated: “We think that now is the time for the landlord’s limited tort immunity to be relegated to the history books where it more properly belongs.” Id. at 533. The court held that “landlords as other persons must exercise reasonable care not to subject others to an unreasonable risk of harm,” id. at 534, and, more fully, “[a] landlord must act as a reasonable person under all of the circumstances including the likelihood of injury to others, the probable seriousness of such injuries, and the burden of reducing or avoiding the risk.” Id.


important keywords: premises liability and slip and fall claims, Construction accidents

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Alaska Slip and Fall, Premises Accident Law - RI Premises Liability & Slip and Fall Center

Anchorage | Fairbanks | Kenai Coleen L. MUELLER, Appellant, v. Lottie BUSCEMI and Geraldine Estabrook, individually and as Trustees of the Michael Nafla Irrevocable Trust, Appellees. No. S-12943. Supreme Court of Alaska. May 21, 2010. Excerpt from Alaska supreme Court Slip and Fall / Premises Liability case: “As a general rule, “evidence of prior or subsequent accidents is admissible …
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The Newtons describe Petersburg as a city where “constant drizzle” is “prevalent” except in the summer “when the rainfall is broken by periods of sun.” They contend that the wet climate fosters the growth of a plant organism on exposed wooden boards, causing them to become dangerously slippery when wet. To guard against this tendency, the Newtons contend that permanent installation 1216*1216 of some sort of anti-slip device is necessary. They argue that the general community standard in Petersburg is to install such devices.


Under the traditional common law rule governing the liability of a landlord, failure by the Magills to meet the community standard, assuming it exists, would be irrelevant. The traditional rule is that real property lessors are not liable to their tenants for injuries caused by dangerous conditions on the property. City of Fairbanks v. Schaible, 375 P.2d 201, 205 (Alaska 1962); Restatement (Second) of Torts §§ 335, 356 (1965). There are exceptions to this rule of non-liability. If the dangerous condition is not reasonably apparent or disclosed,[1] if it exists on a part of the premises which remains subject to the landlord’s control,[2] if the landlord has undertaken to repair the condition,[3] or if the property is leased for a purpose which involves admission of the public,[4] the landlord is subject to liability for negligence. None of these exceptions applies to this case.


The general rule of landlord immunity follows from the conception of a lease as a conveyance of an estate in land under which the lessee becomes, in effect, the owner for the term of the lease. As such, the lease was subject to the principle of caveat emptor. The tenant had to “inspect the land for himself and take it as he finds it, for better or for worse.” William L. Prosser, Law of Torts § 63 at 400 (4th ed. 1971).


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Rhode island Slip and Fall Lawyer | RI Premises Liability

Call RI Slip and fall Attorney David Slepkow 401-437-1100. Premises Liability, RI Personal Injury Lawyer. Get the settlement you deserve!
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The guardian/plaintiffs filed a Superior Court complaint against Toys R Us, alleging that Annie suffered injuries, including a fractured right ankle, when she fell in the Warwick Toys R Us store on December 29, 1993. The plaintiffs contended that Toys R Us knew or should have known of the unsafe condition on its premises that caused her to fall. After a trial before a Superior Court justice and a jury, but before the case was submitted to the jury, the trial justice granted Toys R Us’s motion for judgment as a matter of law pursuant to Rule 50 of the Superior Court Rules of Civil Procedure. On appeal, plaintiffs contend that there was sufficient evidence of negligence to submit the case to the jury. In addition, plaintiffs argue that the trial justice erred in allowing defendant to present evidence that Annie had fractured her other ankle in an unrelated incident two years prior to her fallin the Toys R Us store.”


“Annie, who was eleven years old at the time of trial and eight years old when the slip and fall occurred, testified that she and her mother went to the Toys R Us store in 188*188 Warwick on the night of December 29, 1993 in order to buy slides for a microscope that she had received as a Christmas present. She testified that there were long lines at the cash registers and that her mother decided to wait in line while she remained in the toy aisle. As Annie began to make her way toward her mother after her mother had beckoned to her, the youngster tripped over the base of a small basketball hoop and fell to the floor. After she fell, she noticed that the hoop was on its side, with the bottom of the structure jutting out from one of the side aisles into the main aisle. Annie stated that she did not see the hoop until after she fell.”


keywords: ri slip and fall accident, providence premises liability attorney

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East Providence, RI Lawyer | Lawyer in East Providence, RI | David Slepkow, Attorney At Law

For more information about Lawyer services located in East Providence, RI please contact David Slepkow, Attorney At Law today. (401) 352-4969
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David Slepkow is a Rhode Island RI Personal Injury Lawyer/Attorney Practicing Personal Injury, Premises Liability, Motorcycle Accidents, Slip and Fall, Insurance Claims, Automobile /Auto/ Car Accidents, Slip and Fall and Serious Accidents. David has been practicing Law since 1997 and is licensed in Rhode Island, Massachusetts and Federal Court. David Also practices divorce and family law.

Services Rendered Include

  • No fee unless successful.
  • Home and hospital visits with evening and weekend appointments.
  • Aggressive and experienced attorney.
  • Firm Established in 1932
  • Get the settlement you deserve!
  • You will always consult with an attorney, not a paralegal.

David Slepkow is a Partner at Slepkow Slepkow & Associates Inc.  SS&A was established in 1932 and has a long history of timely and effective legal representation of clients.  There are currently six Attorneys at SS&A.  David is also a member of the Rhode Island Association for Justice.


important keywords: RI personal injury accident , RI personal injury lawyer, car accidents in Rhode island

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East Providence, RI Personal Injury Law | David Slepkow, Attorney At Law

East Providence, RI Personal Injury Law | David Slepkow, Attorney At Law | RI Motorcycle Accident | Scoop.it
Personal Injury Law: Contact David Slepkow, Attorney At Law located in East Providence, RI today for more information about our Lawyer services. (401) 352-4969
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Please contact  East Providence, Rhode Island Personal Injury Lawyer, David Slepkow. We do everything in our power to help you get the best settlement possible to compensate you for your injuries.


As with all of our practice areas, a RI Personal Injury Attorney, not a paralegal, will guide you through the Rhode Island Personal Injury settlement process and a potential lawsuit. We offer contingent fee arrangements. There is no Fee unless we are successful in obtaining a legal settlement or judgment for you. We settle and aggressively litigate the following types of personal injury matters:


  • automobile (car / auto) accidents
  • motorcycle and truck accidents
  • dog bite injuries
  • slip and fall
  • insured motorists
  • uninsured motorists
  • accidental deaths
  • hit and run
  • property damage claims
  • pain and suffering
  • lost wages
  • bicycle accidents
  • whiplash injury
  • premises liability
  • serious injury
  • truck accidents
  • atv accidents
  • motor vehicle accident claims
  • pool accidents
  • underinsured motorist claims
  • serious injuries


Please email us with your personal injury questions and inquiries and a lawyer will respond as soon as possible. The email will go directly to one of the lawyers at our firm.


Evening Appointments available, home and hospital visits, limited weekend appointments available.


important keywords: RI personal injury accident , RI personal injury lawyer, car accidents in Rhode island

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DUI with Accident: How it Impacts Auto Insurance

DUI with Accident: How it Impacts Auto Insurance | RI Motorcycle Accident | Scoop.it
“Impaired Driving Accidents are multifaceted. They usually result in collateral damage that crosses over from criminal law to personal injury law, and have insurance implications.” According to the Uniform Crime Reporting Statistics by the Federal Bureau of Investigation (FBI) there were a total of 1,282, 957 impaired or drunk driving arrests in 2012 throughout the…
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Insurance Company Actions Related to Impaired Driving

Unless specific exclusions apply most insurance policies provide coverage for an auto accident, even it related to impaired driving, as long as the vehicle or motor cycle you were driving was properly insured, and you carry coverage for property damage, liability and other losses to a victim that resulted from the impaired driving collision.

Auto insurance policies guidelines are regulated by the respective Department of Insurance where the policy was issued. In Arizona, it is the Arizona Department of Insurance or the person’s state in which they reside. Polices and their exclusions and limitations vary by insurer, policy type, and underwriting guidelines.

In general, most insurance companies do not contain exclusions for impaired driving related accidents while coverage is in force; they often take policy action upon the next renewal following the collision and claim. For example they may apply a surcharge, and increase the costs of the insurance; or they may even refuse to renew coverage.

If a person is looking for new auto coverage, an insurance company may deny coverage and refuse to issue an insurance policy, considering it too high of a risk to accept. The time limit to consider prior drunk driving conviction history may differ between insurance companies and be impacted by states laws.

Insurance Considerations – SR22 Filing

Most states have laws, which may differ with regard to impacts of auto insurance following an accident. In Arizona anyone with an impaired driving conviction must provide proof to the Arizona Motor Vehicle Department (MVD) of “SR22 Filing”. The SR22 is mandatory following a drug or alcohol driving conviction which calls for driver’s licenses suspensions or revocations. It serves as proof that you carry auto liability insurance through a licensed insurance carrier. There is a cost to the driver or policy holder for this, which varies by insurer and state.


A person convicted of impaired driving due to alcohol or drugs is required to carry the SR22 proof of insurance for at least three years following the conviction. If the driver cancels their auto liability coverage within that three year period, the insurance company is required by law to notify the Arizona Motor Vehicle Department upon cancellation of the SR22 insurance.

If the SR22 police lapses, or is terminated, the Motor Vehicle Department will immediately suspend, or revoke the motorist’s driver’s license; and the driver will need to go through the entire reinstatement and SR22 process again.


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