Rhode Island Premises Liability Attorney

Premises liability is the body of tort law that holds landowners and those in control of property responsible when people are injured because the premises were unsafe. Although the core principles look familiar across the United States, Rhode Island has several distinctive features, including recently expanded duties of care and a pure comparative-fault rule, which can significantly influence the outcome of a claim. What follows is an in-depth overview prepared by Jeffrey Glassman Injury Lawyers to help Rhode Islanders understand their rights and obligations. It is presented for educational purposes only and is not legal advice. If you have been hurt on another’s property, contact an experienced personal injury attorney to discuss the specific facts of your case.

Rhode Island courts have long recognized three traditional visitor categories—invitees, licensees, and trespassers—but in practice, the focus is on whether the defendant exercised reasonable care under all the circumstances. In Tancrelle v. Friendly Ice Cream Corp., the Rhode Island Supreme Court reiterated that landowners must take reasonable steps to discover and correct dangers the owner knows or should know about, so long as the injured person could reasonably be expected on the premises.

Because the duty is fact-sensitive, homeowners, landlords, retail stores, restaurants, hotels, parking-lot operators, and even temporary possessors such as contractors may share responsibility if their negligence contributes to a hazard. The duty may extend to:

• Structural defects (broken stairs, unstable railings, deteriorated walkways)
• Transient conditions (snow and ice, spilled liquids, loose mats)
• Lighting and security issues that facilitate assaults or theft
• Building-code violations, such as missing handrails or inadequate fire exits

Under recent statutory amendments, the duty of care now also encompasses conditions that are open and obvious, a change that eliminated the so-called “open and obvious doctrine.”

For decades, defendants could avoid liability if the dangerous condition was so apparent that a reasonable person should have avoided it. In 2019, the General Assembly abrogated that rule, declaring that the visibility of a hazard is no longer a complete bar to recovery; instead, it is weighed under comparative negligence. This statutory change aligns Rhode Island with modern trends emphasizing shared fault rather than all-or-nothing defenses. Plaintiffs must still prove negligence, but they are no longer precluded simply because the danger was plain to see.

Rhode Island follows a pure comparative negligence model. Under R.I. Gen. Laws § 9-20-4, a plaintiff’s damages are reduced by their percentage of fault, but recovery is not barred unless the plaintiff is 100 percent responsible. For example, if a jury finds a patron 30 percent at fault for texting while walking through a spill and total damages are $100,000, the patron can still collect $70,000.

Because comparative negligence is pure rather than modified, defendants cannot escape liability by showing that the plaintiff’s share exceeded 49 or 50 percent, as happens in many other states. This distinction makes Rhode Island a comparatively plaintiff-friendly jurisdiction and underscores the importance of carefully investigating all potential contributing factors.

Most Rhode Island personal-injury actions, including slip-and-fall and negligent-maintenance claims, must be filed within three years of the date of injury. The limitations period is codified at R.I. Gen. Laws § 9-1-14(b). Missing this deadline almost always results in dismissal, so prompt legal consultation is critical.

Additional notice rules can apply when the defendant is a governmental entity. Suits against the State of Rhode Island or its political subdivisions often require written notice, sometimes within 60, 90, or 120 days, depending on the agency, before filing suit. Failing to comply can extinguish an otherwise valid claim.

• Recreational Use of Private Land. Rhode Island’s Recreational Use Statute (R.I. Gen. Laws § 32-6-3) shields owners who permit the public to use land for outdoor recreation without charging a fee. Unless the owner acts willfully or maliciously, visitors generally cannot sue. The statute often arises in cases involving hiking trails, pond skating, or sledding on private hills.
• Dog-Related Injuries. While dog-bite cases are sometimes grouped with premises claims, Rhode Island treats them under a strict-liability statute, R.I. Gen. Laws § 4-13-16. If the bite occurs outside the dog owner’s enclosure (for example, on a public sidewalk or in the victim’s yard), liability is automatic regardless of the owner’s negligence. Bites occurring inside the dog’s enclosure require proof of the owner’s negligence or knowledge of the dog’s vicious propensities on the first bite, but strict liability applies after the first incident.
• Claims Involving Municipal or State Property. Rhode Island’s sovereign-immunity statutes limit suits against state and local governments and cap damages in certain circumstances. Claimants should be prepared for defenses based on discretionary-function immunity and must follow the pre-suit notice requirements mentioned above. These procedural hurdles make early investigation and legal counsel indispensable.

To prevail, an injured person must establish:

• Ownership or Control: that the defendant owned, leased, occupied, or otherwise controlled the area where the injury occurred.
• Duty and Breach: The defendant owed a duty of reasonable care and breached it by failing to remedy, repair, warn, or monitor a dangerous condition. Rhode Island law demands reasonable inspections and prompt action once hazards are discovered or should have been discovered.
• Causation: that the breach was a proximate cause of the injury.
• Damages: actual losses such as medical bills, lost wages, pain and suffering, and diminished quality of life.

Evidence can include maintenance logs, surveillance video, incident reports, eyewitness statements, weather data, building-code records, photographs, and expert analysis on safety standards. In many cases, preservation letters are vital to prevent spoliation of crucial evidence (e.g., damaged stairs destroyed after the fall). The Tancrelle decision illustrates how courts may draw adverse inferences when a defendant fails to preserve evidence.

Successful plaintiffs may recover both economic and non-economic damages. Economic damages cover medical expenses (past and future), rehabilitation, lost income, diminished earning capacity, and out-of-pocket costs such as home-health aides or property modifications. Non-economic damages address pain, suffering, emotional distress, loss of enjoyment of life, scarring, and disfigurement. Punitive damages are rare but theoretically available when the defendant’s conduct was malicious or in reckless disregard of safety. Pre- and post-judgment interest, calculated under R.I. Gen. Laws § 9-21-10, can significantly increase the final award.

• Seek Immediate Medical Attention. Documenting injuries promptly ties the harm to the incident and protects health.
• Report the Accident. Notify the property owner or manager in writing and request a copy of any incident report.
• Preserve Evidence. Take photographs of the hazard, footwear, weather conditions, and visible injuries. Identify witnesses and obtain their contact information.
• Avoid Recorded Statements. Insurance adjusters may seek statements that minimize the owner’s fault or highlight yours. Consult counsel before speaking on record.
• Contact an Attorney. An experienced Rhode Island premises-liability lawyer will issue preservation letters, hire experts, calculate damages, and negotiate with insurers. Early legal involvement helps prevent critical mistakes.

Our firm combines deep knowledge of Rhode Island tort law with the resources of a regional practice that has represented thousands of injury victims across New England. We work with nationally recognized safety experts, accident reconstructionists, and medical specialists to develop compelling evidence. Because Rhode Island’s pure comparative-fault standard and recent legislative changes can shift liability percentages dramatically, meticulous investigation is essential. Jeffrey Glassman Injury Lawyers advances all litigation expenses, and clients owe no fee unless we obtain compensation. We are committed to transparent communication, compassionate representation, and aggressive advocacy, both in settlement negotiations and in the courtroom.

Premises liability in Rhode Island is a dynamic area of law shaped by statutory reforms, evolving common-law duties, and a plaintiff-friendly comparative-fault regime. Landowners and occupiers must vigilantly maintain their properties, while injured visitors must act quickly to preserve evidence and protect their rights. If you or a loved one has been injured because of a dangerous condition on another’s property, contact Jeffrey Glassman Injury Lawyers for a free consultation. Our attorneys will evaluate the facts, explain your legal options, and fight for the compensation you deserve.