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.

Providence R.I. Circus Accident Brings Workplace Safety Concerns Into Focus

Providence R.I. Circus Accident Brings Workplace Safety Concerns Into Focus

The weekend accident in Providence R.I. that injured nine of the Ringling Brothers and Barnum and Bailey circus performers raises several questions as to the question of negligence and responsibility of the employer – Ringling Brothers – and the manufacturer of the equipment used in the performance. While the incident is still under investigation as of this date, Paul Doughty of the Providence Fire Department stated: “It was a single piece of equipment that failed”. According to Mr. Doughty, a carabiner – a 4-5 inch steel clip used in rock climbing and other weight-bearing activities - that is part of the metal apparatus holding the performers 40 feet above ground, snapped into three sections. The Federal Occupational and Safety Health Administration is investigating and a final report is still months away. In the meantime, as the performers recover from their serious injuries, some of which may be career ending, several questions need to be addressed.

Foremost, is the responsibility of the employer -Ringling Brothers- and additionally the question as to the safety of the device including the failed carabiner piece. For example, although the failed carabiner is rated to hold 10,000 lbs and the weight in this case was approximately 1600 lbs, continued use over time may lead to metal fatigue and therefore failure. The employer will need to address whether or not sufficient safety protocols were practiced such as a periodic check of the equipment, replacement schedule, and the apparent lack of backup systems in case of the failure of one part. The manufacturer's responsibility will focus on design, weight ratings and backup systems. Another interesting question is the assertion that the custom apparatus that failed was designed by the circus troupes manager and manufactured elsewhere.

OSHA records show few investigations of the circus over the past twenty years. Risk is part of the entertainment attraction of circuses thus resulting in less common application of safety procedures like safety nets below the performers. In 2004, a Ringling Brothers acrobat was killed when the scarves that were used as part of the act failed leading to her falling 30 feet to her death. The accident was not investigated by OSHA because “ risk was part of the act” according to an OSHA spokesperson. In this case OSHA is investigating, leading to the question of why now?

Each of the injured performers should consult with a Rhode Island based law firm with experience in work place injury law and accident claims. Documenting medical claims, lost work time, future earnings loss and the probability of future health issues is all critical at this juncture. The unique circumstances surrounding this event including the impact of the future OSHA report all need to be weighed. Typically cases such as this that involve multiple claims and extraordinary circumstances are best handled by a law firm with sufficient experience in large, complex personal injury legal issues. Please call the Ronald J. Resmini Law firm of Providence at 1-401-751-8855 (http://www.resminilawoffices.com).

Providence Motor Vehicle Accidents

                                                Providence Motor Vehicle Accidents

            Motor vehicle accidents are an everyday occurrence.  They can range in severity from a simple fender-bender to a major collision that can turn your life upside down in an instant.  When you are injured in an accident it is your best interest to speak with a qualified Rhode Island motor vehicle accident attorney in the Providence area. 

            According to the State of Rhode Island Department of Health, someone is injured in a car crash in the United States every 10 seconds at an average cost of $99 billion dollars a year.  Their statistics also show that Rhode Island's injury rate is slightly higher than the national rate for all age groups involved in motor vehicle accidents, and young adults from ages 15 to 24 have the highest rate of motor vehicle fatalities and injuries.  

            If you are ever involved in a motor vehicle accident make sure that your rights and interests are protected.  Speak with a qualified Providence personal injury attorney as soon as possible.  Your injuries may seem minor or non-existent at first, however, injuries don't always present themselves at the time of the accident.  Sometimes it takes a day or two for symptoms to begin.  If this is the case, having an attorney on your side can help you get the fair amount of compensation you deserve.  Injuries such as these can cause you to lose valuable time at work, impact your quality of life, and cause a great deal of pain.  Some injuries require a great deal of healing time, and sometimes, you may still have pain or other problems stemming from the injuries you received for the rest of your life.

            Personal injury law can be complicated.  Motor vehicle accidents, as well as other types of personal injury cases have a statute of limitation.  This means that you have a set amount of time to file your case with the court.  If you do not bring your case to court within that specific amount of time (3 years is the statute of limitations for motor vehicle accidents in Rhode Island) you will then lose your right to file your case.  Your case must also be filed in the proper jurisdiction.  For example, if your accident happened in Providence, Rhode Island, your case will need to be filed with the court in Providence County. 

            After an accident has occurred make sure the police have been called to the scene.  They will take information from you, witnesses and other parties involved.  You can also exchange insurance information with the other parties involved.  The police will also take photographs of any damage.  If you are able, you may take photos or video of damage yourself.

It is then crucial for you to get proper medical treatment.  You may go to an emergency room via ambulance from the scene or seek medical attention from your primary care physician.  After examination, set up a consultation appointment with a Rhode Island motor vehicle accident attorney.  Consultations are free and, at that time, the attorney can take a look at your case and make a decision on how to proceed.  If the case is taken, your attorney won't be paid until a settlement is made in your case.  Make sure you take all the information that you have, photos, video, police reports, witness information, insurance information, and medical records with you so your attorney can look at them.  From there, your attorney will then begin to investigate your case by securing information from insurance companies, physicians and others involved in your care.  Keep your attorney updated regarding your condition and provide any medical bills that you may incur.

            An attorney can make an incident such as this much less stressful and you can focus on getting back to your regular routine.

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.

Ronald J. Resmini Law Firm Wins 1.3 Million Personal Injury Law Decision Vs Rhode Island Hospital

Ronald J. Resmini Law Firm Wins $1.3 million Case In Providence, R.I. Courts

Providence lawyer , Ronald J. Resmini, (Call The Firm That Wrote The Book On Personal Injury In R.I.) knew he was up against significant challenges when he agreed to represent Fatima Delacruz in her slip-and-fall suit against Rhode Island Hospital  (R.I. Superior Court docket #PC084977).

For starters, Delacruz’s case had failed before an arbitrator, after which her lawyer of six years declined to represent her further. But there was more. There had been difficulty contacting a key witness, and Resmini knew that arguing lost capacity of earnings would be objected to by defense counsel because Delacruz had stated earlier that she had no “lost wage” claim.

Resmini took the case anyway, alleging theories of mode of operation, breach of contract and common law negligence. On June 7, a Superior Court jury found that Delacruz was entitled to medical expenses, lost capacity for earnings, and pain and suffering damages. It also awarded her youngest son, Dano Delacruz, loss of consortium damages, for a total verdict of $678,519. With interest, the award comes in at $1.3 million.

At the end of the day, Resmini says, the jury found his client’s testimony credible when weighed against the word of a hospital employee. The worker allegedly had told Delacruz — who slipped exiting an elevator in an area where she had been just minutes earlier without incident — that he observed a wet, freshly washed floor but saw no warnings posted until later; he later backtracked and said he could not remember.

Though pleased with the verdict, Resmini downplays its size. “Is it a high dollar value? Not really,” he says, noting that his client is 45 years old and has a long-term injury. “That dollar amount is very conservative for the injury she sustained.”

According to Attorney Resmini, a highly experienced Rhode Island personal injury lawyer, the “biggest challenge is the jury as it is always applying the doctrine of common negligence law”, and how am I going to approach showing the jury the hospital had constructive or actual knowledge of a defect and didn’t do the things they should have to secure it? My argument was if they are washing the floors outside of an elevator, they should have put the notice in the elevator. You have to put the sign where someone has an option to exercise good judgment. We asked the jury to be fair and tell them to apply the law. It is not an easy task beyond a reasonable doubt, but telling them and letting them adopt and accept it is not the same. In reality, the standard is beyond a reasonable doubt, not for preponderance of the evidence. If you don’t establish that, you’re not going to win. This time we were successful.

The Five Essential Qualities of the Best Personal Injury Lawyer In Rhode Island

When you are faced with an accident, whether in the workplace or in public, you must ensure that you are adequately compensated for the injury. It is essential to hire the best personal injury lawyer in order to get experienced and superb representation in court and to send a message to the insurance company that you are serious about your injury. The personal injury lawyer, sometimes referred to as an accident lawyer, will ensure that you are fully compensated for the injuries sustained including medical bills, pain and suffering, loss of wages and more. You should seek a law firm that is experienced, licensed, has a track record of success relating to your area of injury and also has an established network of investigators and medical professionals to support your legal campaign. The following are key qualities possessed by the best best personal injury lawyer.
Availability
It is prudent to search for a lawyer who is readily available whenever you require his or her services. The injury lawyer should be in the State of Rhode Island in order to access him or her whenever needed. It is also essential that the lawyer have a strong and experienced support staff who are always available to update you as to the progress of your case. The personal injury lawyer should not have too many clients, which may lead to a lack of adequate time and resources to serve you.
Professionalism
It is important to search for a lawyer who carries out his/her duties with utmost professionalism. The Rhode Island personal injury lawyer should always be available to answer your questions. The legal services should be in line with the best practices of the Rhode Island Bar Association. It is also essential that the lawyer handle his clients with care and affection. The auto accident lawyer should have a passion for seeking the best outcome for the client in the court proceedings.
Approachability
The best lawyer should be courteous and easily approachable by the clients. The personal injury lawyer you select should offer a reliable and convenient means of communication with clients. Feedback from other clients such as reviews are an indication that the law firm is responsive.
Sincerity
An accident lawyer should always be frank and sincere with their clients. An experienced Rhode Island lawyer will not overstate the likelihood of a large financial settlement unless there is an imminent settlement on the table. The lawyer should be willing to inform you about the prospects of the case, good and bad, thereby, helping you to avoid unnecessary anxiety going forward. The personal injury lawyer should always listen to his intuition and advise you on the best course of action. However, the lawyer should always offer credible reasons for the advice that he issues and include your goals in planning the case.
Record of Success

Reputation is important in the area of personal injury inasmuch as the insurance company that is responsible for the case is continually weighing how far to go in their negotiations. A Rhode Island personal injury law firm with a track record of success will often obtain stronger settlements because of

past successes in this area. Likewise, the law firm will often times have a pretty good read on the insurance company involved and therefore be able to develop an effective winning strategy.
Author: Attorney Jason Resmini of the Ronald J. Resmini Law Offices : www.resminilawoffices.com #401-751-8855