Duty Owed by Automobile Operator To Guest and Degrees of Negligence

Rhode Island has no automobile "guest statue," nor does it subscribe to the doctrine of degrees of negligence. Therefore, "a driver owes his guest the same duty of ordinary care that he owes to any other person. When a driver deviates from the standard of careful operation of his vehicle...any victims of such improper operation (may) recover for their injuries." The contributory negligence of an automobile owner or operator may not be imputed to a guest riding in the automobile.

In simple terms this refers to the right of a passenger in a vehicle to "recover" from any injuries incurred through the negligence on the part of the driver of the vehicle.

 See Chapter 2 Section 93 in Tort Law and Personal Injury Practice, Volume 1 by Ronald J Resmini, Esquire, Providence R.I.

Motorcycle Accident Lawyer Rhode Island

           

                    What Do You Need To Know If You Are Injured in a Motorcycle Accident?

            Motorcycles are more popular today than ever before.  Some people ride them as a hobby and others ride them because they can save money on gas.  Drivers are now sharing the road with millions of motorcycle enthusiasts everyday which requires each driver to me more aware of the vehicles that are around them.  However, as with any type of vehicle there is always  a risk of being in an accident.  With so many distractions today some people can't focus on the road and they may fail to see a motorcycle.  If you are injured in a motorcycle accident there is a possibility that you may be able to recover damages because of the incident.

            The State of Rhode Island  has laws in place in order to help motorcyclists stay safe while they are on the road. All riders must obtain the proper licensing and attend specific training courses.  Motorcyclists should ride defensively and leave a wide margin for other vehicles to brake and turn.  Many people believe that motorcycle accidents are mostly caused by the person on the motorcycle, however, it has been shown that people driving cars are at fault over 50% of the time. 

            If you are ever in a motorcycle accident there are a few steps that you need to take.  First of all, if possible, pull off to the side of the road.  If your motorcycle isn't able to be moved, simply step over to the side of the road.  If you are hurt don't attempt to move to the side of the road.  As with motor vehicle accidents, never give out too much information regarding the moments before the accident.  Simply give law enforcement officers a copy of your insurance cards and your license.   Be sure to answer all questions completely and thoroughly when you are asked by law enforcement. Never admit the accident was your fault.  This statement can take away any chance of you being able to file a claim.  Also, give all pertinent information to the other driver, and you get their pertinent information as well such as a drivers license number, phone number, address and insurance information.

            If someone hasn't already alerted police of the accident, make sure that the police come to the scene.  When the arrive they will begin an accident report and you should be able to pick up a copy a day or two after the accident.  Finally, if you are able and have a cell phone available take photographs of the scene.  Also, take photographs of the damage to your motorcycle.   Photographs and the police report can be shown to a Rhode Island accident attorney if you decide you would like to consult an attorney regarding your injuries. 

            Speak with your insurance company regarding the accident and give them  copies of the information that they require.  If you have been injured it would be in your best interest to contact a Rhode Island motorcycle accident attorney for a consultation of your case. Consultations are given for free by most attorneys and if they feel that you have a case, they  will be paid through a contingency agreement after settlement of your case.  If you have medical records, medical bills,proof of lost wages or anything else that you believe would be vital to your case, bring those items to your consultation.  Your attorney will take care of pulling any other information that might be needed including any other medical records from ongoing treatments.  You will probably be asked to sign a consent form giving your attorney and his agents the permission to ask for your medical records on your behalf. 

            During the course of your case you may be contacted by the other driver's insurance company.  They may ask you to give them a recorded statement telling them your account of the accident.  Never speak with another insurance company without your attorney present. Advise them that you have retained an attorney and any and all correspondence should be sent to him.  Your attorney may call you into his office for you to give a statement over the phone while he is present with you.  He will advise you first about what will be happening and what types of questions may be asked.  He will tell you to answer truthfully and to the best of your ability.

            After all of your medical bills and other related expenses have been tallied up, your attorney will prepare a settlement agreement.  The settlement agreement will be sent to the other driver's insurance carrier with a settlement number.  The settlement number will be set fairly high so your case can be negotiated 

            When you hire an experienced Rhode Island motorcycle accident attorney, he will work to get the settlement that you deserve.  This includes any lost wages, current treatment and future treatment of injuries sustained in the accident, past medical expenses such as ambulance bills or emergency room bills, and any other expenses you may have incurred.  

           

Loss Of Consortium in Personal Injury & Auto Accident Cases & Timely Filing in Rhode Island

In Desjarlis v. USAA. Co. 824A.2D 1272 (R.I. 2003 , the husband who was injured in an auto accident, settled with the tortfeasor's (person who commits a wrongful act) insurance company for the policy limits  (medical), and his uninsured motorist carrier (defendant) consented to this settlement. The wife did not notify the tortfeasor, his insurance company, or the defendant uninsured motorist carrier of her loss of consortium (inability of one's spouse to have normal marital relations) and society claims until after her husband had settled his claim against the tortfeasor and arbitrated his uninsured motorist claim against the insurer, at which point she filed an action on behalf of herself and her minor children against the defendant-insurer, seeking uninsured benefits, alleging loss of consortium and society.

In Desjarlais II, (the Court) held that the spouse or children of an impaired party (i.e.. the deprived parties) must join their consortium claims with the claim of the impaired party before the impaired party settles his claim, obtains an arbitration award, or before a judgement adjudicating his claim becomes final, whichever event first occurs.

On the facts of the instant case, the court reasoned that the wife sat idly by, with knowledge of her husband's claim, while he was settling and arbitrating them. Since she made no showing that joinder to her husband's claims was not feasible. Desjarlais II ruled that the trial court properly granted summary judgement to the defendant-insurer.

This Past Sunday's Deadly Nightclub Fire in Brazil Evokes Tragic Memories from Survivors of 2003 Nightclub Fire in Rhode Island

Early Sunday morning, over 230 people were killed in a horrific nightclub fire in Southern Brazil.  Similar to the night club fire in Rhode Island in 2003, which left over a hundred people dead and 200 more injured, the blaze in Brazil looks to have been caused by the band’s pyrotechnics igniting insulation in the ceiling.

 

Several arrests have been made in connection with the fire for investigative purposes as victims’ families begin to pick up the pieces and cope with this horrific tragedy.  Today, funerals will begin in the city of Santa Maria, Brazil, for the more than 200 people that lost their lives in the nightmarish event.

As a practicing personal injury attorney in Providence, RI, I helped get many of the cases stemming from the 2003 deadly Rhode Island nightclub fire into federal court.  Few understand the scope that such a disaster can have on the victims.  For the victims that lose their lives, their families are left to deal with the financial consequences of losing a member of the family, possibly a primary provider.  Children can be left to deal with the loss of a parent or both parents and forced to fend for themselves.  Parents can be forced to cope the emotional scarring of losing a child.  

For the survivors, many are left with permanent physical injuries such as scarring and severe burns.  The lucky victims that manage to escape bodily harm and permanent physical injury, are left in a fragile emotional state that can lead to permanent emotional scarring, which can significantly detriment a victim’s ability lead a normal life thereafter.

 

Accountability for these types of unthinkable events can be difficult to pinpoint.  But, it is incredibly important to narrow down who is responsible for these tragedies, if only to set an example for future nightclub owners as to their responsibilities.  Those responsibilities to guests include safety protocols that must be adhered to in order to meet certain standards.  Failure to comply with such requirements should result in stiff penalties and fines, so that club patrons are protected and ensured they will be kept out of harm’s way. 

As a lawyer with over 40 years of experience in personal injury law, and because of my familiarity with these types of cases, a familiarity I acquired while fighting for the victims of the 2003 Rhode Island night club fire, I can tell you there will be numerous factors used to determine the cause of this tragedy and to determine where the fault will ultimately lie.  Early reports indicate the club was at capacity with 1,000 to 2,000 people.  If this is deemed to be “over-capacity,” the club will likely face numerous lawsuits pertaining to the fire.

Fire codes are put in place to protect people.  The capacity of a building is determined by fire marshals and enforced in order to ensure there is enough space for people to exit in case of emergency.  When you have a building that is filled to capacity and more, if there is a situation where people need to make a hasty exit, chaos ensues and people are likely to be seriously injured or even killed while exiting the building.  This is evident in prior examples of these types of disasters.

 

In Rhode Island, the 2003 nightclub fire prompted officials to enact and enforce sweeping changes to the State’s fire code with one intention;  a tragedy like the night club fire never occur again.  Sprinklers are now required in nightclubs and bars with occupancy limits of 100 people or more, nightclub workers must be trained in fire safety and money needs to be set aside for fire safety classes.  Rhode Island has also banned the use of pyrotechnics in all of its venues with the exception of its largest public arenas, and local fire marshals are now able to write tickets for violations and order immediate repairs.   

So far, it seems history is doomed to repeat itself, as nightclub owners have not taken prior disasters seriously enough to stop them from occurring again.  But, the hope is that in determining who is responsible for this deadly blaze, and holding them accountable, future nightclub owners will be prompted to take proper safety precautions in the future, in order to prevent tragedies like the 2003 Rhode Island nightclub fire and now the Brazil night club fire from ever happening again.

Attorney Ronald J. Resmini, Personal Injury and Wrongful Death Lawyer
Ronald J. Resmini Law Offices LTD
http://www.resminilawoffices.com/

155 South Main St
Suite 400
Providence, RI  02903

P:  (401) 751-8855

Like Us on Facebook
Follow Us on Twitter
Watch Our Latest Videos on Our YouTube Channel

Article about the Ronald J. Resmini Law Offices in RWU Law Magazine

Please check out an article that appeared in the RWU Law Magazine (Roger Williams University School of Law Magazine) about the Ronald J. Resmini Law Offices by Denise Perreault.  I've copied the article below, but to view the full article, please click on the link I've provided.

http://law.rwu.edu/sites/law/files/flipbooks/fall2012/index.html#/26/

All in the Family
To Practice or Not to Practice?  With a Loved One, it's all Relative.

Attorney Ronald J. Resmini has three sons, and each was ushered into the world with a ritual that perhaps only another lawyer could fully appreciate.
Thirty-two years ago, the proud dad, who heads his own law firm in Providence, had the name of each son - R. Jason, Adam J. and Andrew O. Resmini - painted on the doors of three separate offices shortly after each baby was born, establishing actual offices for what were then bawling infants.
"Within six months of their births, their names were on the doors," the elder Resmini says.  "They're still there."
Was it an expression of supreme optimism?  Or utter foolishness?  "It was kind of wishful thinking," Resmini admits.  But it worked.  Resmini urged his three sons to earn law degrees because he knew how useful such a degree can be, whether one actually practices the law or not.  Today the three sons work with their father in a firm where four out of the five practicing attorneys are Resminis.
"I love having the kids around," Resmini says today.  "No matter how much we get on each other's nerves, there's nothing like it."
Working together with family members in the law - whether as practicing attorneys, law school instructors and/or administrators - presents exceptional challenges, putting happiness both at home and at work in jeopardy.  It is a course of action that some say is fraught with peril - and others say is nothing short of ideal.

Attorney Ronald J. Resmini
Ronald J. Resmini Law Offices LTD
155 South Main Street, Suite 400
Providence, RI  02903

P:  (401) 751-8855

Watch Our Latest Videos on Our YouTube Channel
Like Us on Facebook
Follow Us on Twitter

Update Rhode Island Tort Law & Personal Injury Practice By Ronald J. Resmini

Chapter 2 Negligence #85
 In Ouch v. Khan Khea,963 A 2d 630 (R.I. 2009) two automobile passengers brought a tort (def> a tort is a wrongdoing that results in injury to another person or damage to another's property) action against the defendant/driver, who belonged to the same street gang as the passengers, alleging that the driver's negligent operation of an automobile during and after an incident in which shots were fired at an automobile of a rival gang members constituted the proximate cause of their gunshot injuries. The plaintiffs argued that the defendant, as the operator of the vehicle, had a duty of care - a duty that defendant breached they contended - by driving toward and past a danger (rival gang members). However, the court ruled that, although the defendant unquestionably owed plaintiffs a duty to operate his automobile in a safe manner, the driver did not have a duty of care to the passengers to protect them from the intentional criminal acts of rival street gang members.

The Ronald J. Resmini Law Offices has represented Rhode Island and Massachusetts residents for over 40 years. Contact us if you may have been affected by the negligence of another.

Negligence & Requirement of Damages: Rhode Island Law Updates By Attorney Ronald J. Resmini

In this update of Rhode Island Practice Tort Law and Personal Injury Practice (Vol. 1), Chapter 2 , Negligence, Section 82, I update my previous publication from 1990.

*82. The Requirement of Damages

The possibility of contracting cancer resulting from mere exposure to a carcinogen (see asbestos/mesothelioma), although potentially increasing one's risk of developing cancer, is too tenuous to be a viable cause of action. (Kelley v. Cowessett Hills Assocciates, 768 A2d 425 (RI 2000). Thus, in cases alleging negligent exposure to asbestos, a plaintiff cannot, as a matter of law, establish a prima facie case of negligence absent any physical manifestation of asbestos-related illness or disease. Id 

The Ronald J Resmini Law Offices in Providence and Seekonk www.resminilawoffices.com http://www.resminilawoffices.com, Massachusetts, has represented clients who were unknowingly exposed to asbestos in the workplace. If you feel that this may apply to you, please give us a call for a no-obligation, initial consultation.