Questions & Answers

Additional Information: My 11 year old son was bit by a dog last week.   He was visiting at a friend’s house in Cranston and a dog in the neighborhood bit him.  He had to get stitches and missed some days of school, so I missed some days of work.   Does Rhode Island law allow us to sue for that? ATTORNEY ANSWER: You may be able to sue if the dog bit your son outside of his “enclosure” Normally a dog owner is only liable if he is aware of the dog’s previous bites and then the dog bites another person. However, if the dog is loose in the neighborhood and then bites your son, you could still have a claim. 

Additional Information: I slipped and fell and shattered my elbow at a Providence restaurant due to a slippery surface.  There were several other patrons who slipped in the same spot (near the bar and server’s station) all witnessed by one of the bartenders.  I have some mobility issues and will need another surgery and continued physical therapy.  Do I have a case against the restaurant and can I sue for damages as I will probably not be able to play tennis like I had in the past? ATTORNEY ANSWER: Slip and fall cases are extremely difficult to prevail upon. However, it sounds like you may have one of the very few viable cases. Your case hinges upon the testimony of the bartender, as once he became aware of the slippery condition; the restaurant had an obligation to clean the area. There failure to do so might cause them to become

Additional  Information: I tripped on one of the steps on the front porch at my rental apartment in Cranston.  I fell and broke my wrist. The landlord left me a voicemail message several months ago that he’d fix the rot on the porch, but he obviously didn’t get to it.  Now he’s claiming that he didn’t know about it.   The porch is the only entrance so my family didn’t have a choice but to use it.  Does this sound like a pretty strong case?  How much will hiring a personal injury or trip and fall lawyer cost? ATTORNEY ANSWER: You may or may not have a good case. I need to know how many units are contained in your apartment complex. Also, I need to see pictures of the stairs to determine for sure if the landlord failed to take some action to repair the entry way. I think you

Additional Information: I slipped and fell in the bathroom of a local Cranston store.   As a result of the slip and fall, I have 2 hairline fractures in my arm. There was a puddle from a leak from the roof (the ceiling had a large dark stain) but there was no “caution/ wet floor” sign.  There was another lady in the bathroom who saw me slip and fall.  She actually took a few pictures for me.   What is the store’s responsibility and do you think I have a personal injury case? ATTORNEY ANSWER: It appears you may well have a valid personal injury case. In most circumstances, a plaintiff simply can not prove the necessary elements to prove a slip and fall case as you must show that the defendant knew about the dangerous condition. In your case it appears we will be able to show that they either directly

Additional Information: My sister had a pretty bad injury to her head and neck after an automobile accident. Her friend was driving the car and they were exiting Route 95 to go to Warwick, RI when their car was hit by another car.   The other driver was underage, driving without a license and un-insured.  Do we have any hope of collecting any damages if we sue? ATTORNEY ANSWER: Yes, you definitely have hope of recovery. You should be able to make a claim against the driver and owner of the vehicle that your sister was a passenger in. Even if the car that struck them was uninsured, you should be able to recover for your sisters serious injuries.

Additional Information: I was rear-ended by a delivery truck of a pretty large company on Route 95 near Pawtucket RI.   I have neck and back injuries as a result of the accident.  I got the name of the driver and the insurance information but was curious about the liability of the company. Who is liable- the driver? the company or both? I already went to the doctor and am seeing a chiropractor now. Thanks. ATTORNEY ANSWER: Both the driver and the company are probably liable. However, it seems from your question that you will only need to recover from the commercial carrier. They must maintain a minimum $1,000,000.00 in liability insurance on their vehicles. While the driver certainly bears some responsibility, you will only need to look to recover from him if your damages exceed the amount of insurance provided by the owner of the truck that struck you.

Additional Information: My husband was involved in an automobile accident on Route 95 near Providence.   We are being sued for more than we have on our insurance policy. Can we protect our home in a personal injury lawsuit? ATTORNEY ANSWER: Perhaps you can protect you home. This is really an asset protection question that is best handled by a qualified bankruptcy attorney. You should consult immediately to begin the process of taking steps to protect your assets. Much will depend upon the exact amount of damages the Plaintiff recovers against you and the nature of the deed for your home.

Additional Information: How many times can someone legally cancel a deposition pertaining to an accident case with personal injuries? ATTORNEY ANSWER: There is no particular limit to the amount of times you can cancel. However, if the Court believes that your delay is intentional, you can be fined, and sanctioned. Unfortunately, you will eventually have no choice but to submit to the deposition. Attorney Christopher E. Heberg RI Personal Injury Lawyer

Additional Information: I just got a German Shepard mix for my kids. My wife is concerned about our liability if the dog bites someone when she gets older. I thought we’d be covered by our homeowners insurance but I’m not certain.   Thanks you in advance for your help. ATTORNEY ANSWER: You may or may not be covered; it is very important to review your Homeowners policy closely to see what it says about this. Generally, you will have nothing to worry about unless and until your dogs bites someone for the first time. Once that happens you are presumed to be on notice as to the dogs propensity for biting and if it happens a second time you could be found liable. The general rule is that every dog gets one bite.   Attorney Christopher E. Heberg RI Personal Injury Lawyer

Additional Information: I stayed at a hotel and got bit by bed bugs.  I’ve missed work because of doctor’s appointments and have had to pay health insurance co-payments. Can I sue the hotel for negligence and damages?   Not sure if this is even something I should pursue.  I appreciate your advice. ATTORNEY ANSWER: You probably have a cause of action. However, unless you have suffered significant damages like permanent scarring, it will be tough to recover. It is always best to speak to an attorney with a case like yours to make sure all possible avenues of recovery are explored.