RI Injury Law – Part 4 of 4
East Providence Car Accident Attorney David Slepkow 401-437-1100 presents part 4 of 4 of his ongoing series of important injury related laws in Rhode Island.
Obligations of Property owners to trespassers on land in RI
The obligation that a homeowner or property owner owes to a trespasser in Rhode Island is far different to the obligations owed to invitees. These laws usually comes into play in RI slip and fall causes of action on real estate or premises liability lawsuits.
“It is a well-established principle of law that property owners owe no duty of care to trespassers but to refrain from wanton or willful conduct; and even then, only upon discovering a trespasser in a position of danger.” Hill v. National Grid, 11 A.3d 110, 113 (R.I. 2011). http://www.rhodeislandpersonalinjuryattorneyblog.com/2013/12/ri-top-court-teen-injured-trespassing-at-haunted-building-knew-risk-no-liability/
Trespassing Children and Attractive Nuisance Doctrine
Rhode Island has adopted section 339 of the restatement of torts concerning trespassing children premises liability law. This is commonly known as “the attractive nuisance doctrine” The Attractive Nuisance Doctrine may apply if a child is trespassing and injured on a property. Under the Restatement (Second) Torts § 339 at 197 (1965): “A possessor of land is subject to liability for physical harm to children trespassing thereon caused by an artificial condition upon the land if….” http://www.rhodeislandpersonalinjuryattorneyblog.com/2013/12/ri-top-court-teen-injured-trespassing-at-haunted-building-knew-risk-no-liability/
Drunk Driving Death Resulting
Currently, the laws in Rhode Island state that someone who is charged for driving under the influence of alcohol or drugs and a death results may face a minimum sentence of five years in jail and a maximum of 15 years imprisonment. There are also monetary fines related to such a convictions and these fines range from a minimum of $5,000 to a maximum of $10,000. § 31-27-2.2
Driving under the influence of liquor or drugs, resulting in death: http://webserver.rilin.state.ri.us/Statutes/TITLE31/31-27/31-27-2.2.HTM
§. 31-27-1 Driving so as to endanger, resulting in death http://webserver.rilin.state.ri.us/Statutes/TITLE31/31-27/31-27-1.HTM
Right to Obtain a New Personal Injury Lawyer in RI
If you are unhappy with your RI automobile accident legal representation, you have the right to obtain a new lawyer at any time. Your Prior RI slip and fall or accident lawyer must turn over the entire legal file to the new attorney. Your prior lawyer may have a statutory lien against your personal injury, premises liability or motorcycle accident case. If you obtain compensation, your prior lawyer will have a right to be paid for his or her legal services. However, you will not be required to pay the old lawyer upon obtaining a new attorney! Your new lawyer and old Rhode island Injury Attorney must share the fees received. http://www.slepkowlaw.com/new-lawyer.htm#.U4nyg2dOUa9
Leaving the scene of a collision, death resulting:
“Any person charged with the commission of this offense shall upon conviction be imprisoned for not more than ten (10) years and have his or her…”
Negligence Lawsuits rarely file in District Court:
Rhode Island Negligence and Personal Injury cases are almost never filed in Rhode Island District Court. RI District Court has exclusive Jurisdiction when the amount in controversy is $5000 or less. The RI District Court has concurrent Jurisdiction with Superior Court for matters between $5,000 and $10,000. There are several important reasons why Rhode Island Car Accident Lawyers rarely file accident cases in district Court..
Jurisdiction of Police to make Arrest outside town or city
In State v. Ceraso, the Rhode Island Supreme Court determined that, “In the absence of a statutory or judicially recognized exception, the authority of a local police department is limited to its own jurisdiction.” STATE v. CERASO, 812 A.2d 829 (2002), citing Page v. Staples, 13 R.I. 306 (1881). Exceptions include hot pursuit and emergency if officer requests permission.
Definition of Practice Of Law:
“11-27-2 ”Practice of law” defined. – “Practice law” as used in this chapter means the doing of any act for another person usually done by attorneys at law in the course of their profession, and, without limiting the generality of the definitions in this section, includes the following:…” http://www.rhodeislandcriminallawlawyer.com/ri-unauthorized-practice-of-law/
Right To privacy
§ 9-1-28.1 Right to privacy – Action for deprivation of right. – (a) Right to privacy created. It is the policy of this state that every person in this state shall have a right to privacy which shall be defined to include any of the following rights individually:…..”
Legal Notice per Rules of Professional Responsibility: The Rhode Island Supreme Court licenses all lawyers and attorneys in the general practice of law, but does not license or certify any lawyer / attorney as an expert or specialist in any field of practice. While this firm maintains joint responsibility, most cases of this type are referred to other attorneys for principle responsibility.