Kiernan, Plunkett & RedihanProvidence Personal Injury Law Firm2026-06-22T17:40:17Zhttps://www.kprlaw.com/feed/atom/WordPress/wp-content/uploads/sites/1100892/2019/03/cropped-favicon-32x32.jpgOn Behalf of Kiernan, Plunkett & Redihan, LLP<![CDATA[5 common summer slip-and-fall hazards in Rhode Island hotels]]>https://www.kprlaw.com/?p=504662026-06-22T17:40:17Z2026-06-22T17:40:17ZNothing quite compares to checking into a Rhode Island resort for a long summer weekend. But while you focus on relaxing, a single hazard on hotel property can completely derail your plans. Here are five slip-and-fall hazards to be aware of during your stay.
How wet pool decks can catch you off guard
One of the first areas that warrants caution is right outside the pool. Water tracked onto concrete, tile or wooden decks creates highly slick surfaces. If you wear flip-flops or run near these areas, you risk a sudden slip resulting in fractures, sprains or concussions. This is why you should always walk carefully on pool decks. But as you head back inside, the hotel entrance can be just as treacherous.
How slick lobby entryways can turn dangerous
Summer downpours along the Rhode Island coast occur quickly and without warning. As a result, wet footwear can easily transform a smooth marble or tile floor into a serious slip hazard. If hotel staff fail to place wet floor signs or address tracked water promptly, guests face a considerable risk of falling. Once you move through the lobby, also pay close attention to outdoor pathways
How uneven walkways can lead to a fall
Beyond the lobby, the surrounding grounds present their own set of hazards. Rhode Island's historic coastal properties, like those in Newport or Narragansett, often feature brick paths, aging boardwalks or uneven cobblestones. Additionally, inadequate lighting combined with cracked or raised pavement during busy summer evenings can contribute to a serious trip-and-fall injury.
How unsecured rugs and carpeting can trip you
Inside the hotel, flooring hazards are just as easy to overlook. Heavy foot traffic in corridors can cause rugs to bunch up or shift. Torn or deteriorating carpeting near indoor-outdoor transition zones also poses a significant tripping hazard for unsuspecting guests. Thus, you should keep your eyes down as you navigate these spaces. As the evening winds down, one more outdoor hazard deserves your attention.
How poor lighting puts you at risk outdoors
After dark, dimly lit walkways, unlit stairwells and insufficient path lighting near patios, fire pits or gazebos can obscure drop-offs and uneven terrain. Use your phone's flashlight if the lighting around you seems inadequate. Meanwhile, remaining mindful of all five hazards can go a long way in keeping you safe. If an accident does occur, it helps to know you have options.
What to keep in mind after a hotel accident?
An unexpected injury does not have to leave you feeling uncertain about your next steps. In Rhode Island, you generally have up to three years to explore your legal options following a slip-and-fall incident, giving you adequate time to prioritize your recovery. If you have questions, local legal guidance is available to help you navigate the process without requiring repeated trips back to the state.]]>On Behalf of Kiernan, Plunkett & Redihan, LLP<![CDATA[What is a failure-to-warn claim in Rhode Island?]]>https://www.kprlaw.com/?p=504632026-03-27T12:33:50Z2026-03-27T12:33:50ZCore elements that support a failure-to-warn claim
A failure-to-warn claim is a type of product liability case that focuses on missing or poor safety warnings. To establish this, you need to demonstrate that the product carried a risk the maker or seller either recognized or should have identified. The warning on the product must have been absent, vague or too weak to alert you to that particular danger.
You also need to show that the missing or poor warning played a direct role in causing your injury. This means you would have acted differently had a proper warning been in place, whether by using the product with greater caution or avoiding it entirely.
Products that can lead to these lawsuits
The following consumer and industrial products can lead to a failure-to-warn case:
Pharmaceutical drugs and medical devices with undisclosed side effects
Household chemicals and cleaning products with missing or inadequate hazard details
Power tools and heavy machinery with inadequate safety instructions
Children's toys and furniture with hidden choking or tipping risks
You can check an online recall list for any of these products. If you used any that appear on the list, then it could strengthen your claim.
Rhode Island rules that may shape your case
The state recognizes strict liability in product liability cases, which means you do not always need to prove the maker was negligent. There is also a three-year statute of limitations for personal injury claims, and this deadline typically begins on the date of your injury. Courts will generally dismiss cases filed after this window closes.
Rhode Island courts may also weigh comparative fault in these situations. If the court finds that you share some blame for your injury, any money you receive could be reduced based on your share of fault.
Steps that lead to filing a failure-to-warn claim
The process typically begins with securing all documentation related to your injury and the product. Medical records, photographs of the product and its packaging, purchase receipts and any existing warning labels serve as foundational evidence for your case.
Preserving the product itself is critical, as losing or altering this physical evidence can severely damage your claim or lead the court to dismiss your case. An attorney can evaluate your circumstances to determine whether they meet the legal threshold for a failure-to-warn lawsuit.]]>On Behalf of Kiernan, Plunkett & Redihan, LLP<![CDATA[What to do after a car accident on Rhode Island]]>https://www.kprlaw.com/?p=504572025-12-19T08:15:08Z2025-12-19T08:02:07ZStay at the scene and call 911
After the crash, you must remain at the scene until the authorities arrive to avoid being convicted of a hit-and-run. Try to stay calm and call 911 for urgent help. If you have passengers with you, let them know the paramedics are on the way.
Notify the police
While waiting in a safe spot, turn your car’s hazard lights on and call the local police to inform them of the accident. Once they arrive, they will begin to investigate and gather vital details about the crash from you, the other party and the witnesses (if there are any).
The state trooper managing your case will provide you with an accident report number before you leave the scene. You can get a copy of their crash report online or by U.S. mail.
Exchange information
Before you leave, ensure that you have taken the other party’s license plate number and their contact information. You also need to take media evidence of the accident from various angles. If you have a dashcam, save the clips and transfer them to your computer for better safekeeping.
Seek medical care
After completing the first three steps, you must go to the hospital to seek proper treatment for your injuries. It is important not to skip this step, no matter how minor you think your injuries are.
While most injuries are visible, there are other types of injuries that progress slower, such as whiplash and traumatic brain injuries.
Call your insurance company
Although hiring a lawyer is not mandatory for this step, seeking their help in your personal injury case is beneficial. They can talk to your insurance provider and help ensure that they cannot take advantage of your rights.
Your path to recovery should be easy
By understanding Rhode Island's car accident laws and following the proper legal process, you can file your claim with ease and receive financial help for your crash injuries.]]>On Behalf of Kiernan, Plunkett & Redihan, LLP<![CDATA[Can a nursing home evict a resident for using Medicaid?]]>https://www.kprlaw.com/?p=504552025-09-22T13:07:15Z2025-09-22T13:07:15ZWhy a facility cannot discharge a resident for a Medicaid switch
Under federal law (42 C.F.R. § 483.15(c)), a nursing facility may only discharge a resident for six specific, legally defined reasons:
The facility cannot meet the resident’s needs.
The resident’s health has improved to the point they no longer need the facility's care.
The resident’s presence endangers the safety of others in the facility.
The resident’s presence creates a health hazard for other individuals.
The resident has failed to pay for their care.
The facility is closing.
When a nursing facility chooses to certify for Medicaid, it agrees to accept Medicaid’s payment rate for its residents. This means they cannot remove a resident who has lived there under private pay just because that person now qualifies for and requires Medicaid assistance.
What must the nursing home do before a discharge?
Even if a nursing home has a legal reason for a discharge, it must follow strict rules. The facility must provide you with a written notice, typically 30 days in advance. This document has to include:
The specific reason for the proposed discharge
The effective date of the discharge
Information on how you can appeal the decision
Contact information for the Rhode Island State Long-Term Care Ombudsman, an advocate for residents
The facility must also create a safe and orderly discharge plan to ensure your loved one moves to an appropriate setting.
Proactively managing the payment transition
To prevent any conflict, communicate early and often with the nursing home’s business office about the upcoming switch to Medicaid. Cooperate with them to ensure the Medicaid application is completed accurately and submitted on time.
Taking these steps can help ensure a smooth transition and protect your loved one’s right to remain in their home. If you face resistance or receive a notice of discharge, you may want to consider speaking with an elder law attorney to understand your options.]]>On Behalf of Kiernan, Plunkett & Redihan, LLP<![CDATA[What are the reporting procedures for nursing home neglect in RI?]]>https://www.kprlaw.com/?p=504532025-06-27T16:29:20Z2025-06-27T16:29:20ZIf you suspect that a loved one is being neglected in a nursing home, it’s important to act quickly. Nursing home neglect can cause serious harm, and Rhode Island has procedures in place to handle these situations. Knowing the steps will help you protect your loved one.
Reporting neglect to the Rhode Island Department of Health
The first step in addressing nursing home neglect is reporting it to the Rhode Island Department of Health (DOH), which oversees nursing home licensing and regulations. To file a complaint, you can call the DOH’s Long-Term Care Unit or submit your complaint online. Be sure to include details like specific incidents, dates, and any evidence of neglect.
Contacting Adult Protective Services (APS)
If neglect involves serious harm, you can also contact Adult Protective Services (APS). APS investigates abuse, neglect, and exploitation of vulnerable adults. Reach APS through their hotline, and they will typically conduct a thorough investigation. They may also offer resources and assist with relocating your loved one if needed.
Filing a lawsuit for nursing home neglect
For more severe neglect cases, families can file a civil lawsuit against the nursing home. This legal process can provide compensation for damages, such as medical costs and pain and suffering. Gather evidence, like medical records or photographs, to support your case before proceeding.
Taking legal action through the court system
If you decide to file a lawsuit, you will need to submit a complaint in Rhode Island’s court system. The process may involve mediation or trial to seek compensation. An attorney who is knowledgeable in nursing home neglect can help guide you through this process.Reporting neglect ensures that authorities address the issue and helps hold nursing homes accountable for their actions.]]>On Behalf of Kiernan, Plunkett & Redihan, LLP<![CDATA[What is the ‘one bite rule’ in Rhode Island?]]>https://www.kprlaw.com/?p=504502025-04-05T03:25:36Z2025-04-05T03:25:36ZUnderstanding the one bite rule
The "One Bite Rule" holds a dog owner responsible for a bite or attack if they were aware, or should have been aware, that their dog could be dangerous. The term “one bite” refers to the idea that a dog gets one chance to bite without the owner facing liability. Yet, after that first bite, the owner is responsible for preventing further incidents.
In Rhode Island, the rule allows a dog to bite someone once before it makes the owner liable. If the dog shows dangerous behavior again, the owner must take action to prevent future attacks. This might include keeping the dog on a leash or ensuring the owner confines it to the property.
Proving liability under the one bite rule
To prove a case under the "One Bite Rule" in Rhode Island, the victim must show that:
The dog had aggressive tendencies.
The owner knew or should have known about these tendencies.
The dog's behavior caused harm.
Evidence of prior aggressive acts, such as growling or lunging, can help prove the dog was dangerous. Even if the dog has not bitten anyone before, the owner must take responsibility if the dog's behavior clearly indicates a risk.
Rhode Island law also applies the "One Bite Rule" beyond bites. If a dog knocks someone over or causes injury in other ways, the rule may still apply. If a dog has previously shown signs of aggression, the owner must take precautions to prevent further harm.
Legal actions and damages
If a dog causes harm under the "One Bite Rule," the owner may face significant legal consequences. Victims of dog bites or attacks may be entitled to recover various forms of damages, including medical expenses, compensation for pain and suffering, and even wrongful death claims in severe cases. In instances where the dog has attacked previously, the court may award double damages to the victim.
In extreme circumstances, the court may issue an order for the dog to be euthanized, particularly if the animal is deemed a continued danger to the public.
Victims of dog bites or attacks should consult with an experienced personal injury attorney to assess the viability of their case under Rhode Island’s laws. Legal counsel can help navigate the complexities of the "One Bite Rule" and determine the most effective approach for proving liability and pursuing compensation.]]>On Behalf of Kiernan, Plunkett & Redihan, LLP<![CDATA[Is a business ever responsible for a drunk driving crash?]]>https://www.kprlaw.com/?p=504472025-02-21T19:46:45Z2025-02-21T19:46:45ZWhen drunk drivers drank at a licensed establishment
Businesses generally have to abide by alcohol service laws to retain their license to dispense alcohol to the public. Flagrant violations of alcohol regulations can result in liability in some jurisdictions.
In Rhode Island, for example, those injured by drunk drivers in this state may hold a licensed bar or restaurant responsible under the Liquor Liability Act. If workers serve alcohol to minors or those visibly drunk already, the business may be liable if that patron leaves and causes a wreck.
When the drunk driver was on the clock
Many people drive as part of their daily work responsibilities, and employers should make every reasonable effort to ensure that their workers are sober while on the road. Liability rules make employers responsible for their workers' mistakes and misconduct while on the job.
If an employee's job responsibilities include driving and they cause a crash, the employer may have a degree of liability for the losses generated by the incident. Their insurance policies could potentially help compensate those affected by the wreck.
The higher the total expenses generated by a drunk driving case, the more important it may be to look at alternate options for compensation. Taking legal action against a business in addition to a drunk driver can be a viable solution in some cases.]]>On Behalf of Kiernan, Plunkett & Redihan, LLP<![CDATA[How does telemedicine impact medical malpractice claims?]]>https://www.kprlaw.com/?p=504382024-10-02T14:21:19Z2024-10-02T14:21:19ZTelemedicine has revolutionized healthcare, allowing patients to receive care remotely. However, this shift has introduced new considerations for medical malpractice claims.
Standards of care in telemedicine
Telemedicine presents challenges in determining the standard of care. Physicians must meet the same standards as in-person visits, but remote assessments may limit their ability to make accurate diagnoses. Courts will need to evaluate if the physician's actions align with the standard expected in similar situations.
Miscommunication and technology failures
Telemedicine relies heavily on technology, which can fail. Issues like poor video quality or incomplete information due to network problems can lead to miscommunication between the physician and the patient. These errors might result in missed diagnoses or improper treatment plans, which could form the basis of a malpractice claim.
Licensing and jurisdictional issues
One of the significant challenges in telemedicine is licensing. Physicians must be licensed in the state where the patient resides. If they are not, this can complicate malpractice claims and jurisdiction, making it harder to determine where legal proceedings should occur.
Patient documentation and confidentiality
Maintaining accurate patient records is essential in telemedicine, just as it is in traditional healthcare settings. A lack of proper documentation can create gaps in treatment history, making it difficult to prove negligence or prevent adverse outcomes. Additionally, protecting patient confidentiality during online consultations remains a critical concern.Telemedicine continues to evolve, and as its use increases, the legal system will need to adapt to ensure that patients' rights are protected while allowing for the benefits of remote care.]]>On Behalf of Kiernan, Plunkett & Redihan, LLP<![CDATA[Electric bicycle accidents in Rhode Island]]>https://www.kprlaw.com/?p=504362024-07-02T14:13:02Z2024-07-04T14:12:41ZElectric bicycles, or e-bikes, are becoming more popular for their convenience and eco-friendliness. However, their increasing presence on the roads brings a rise in accidents. Understanding the common causes of these incidents can help you stay safe while riding.
Riding behavior
One of the main reasons for e-bike accidents is risky riding behavior. Many riders may underestimate the speed and power of an e-bike compared to a regular bicycle. This can lead to sudden acceleration, sharp turns, and an inability to stop in time. It’s one of the reasons micromobility and e-bike injuries jumped an average of 23% annually.
Traffic rules and regulations
Not all e-bike riders are aware of or follow the traffic rules. In Rhode Island, e-bikes must adhere to the same laws as traditional bicycles. This includes:
Stopping at traffic signals
Using bike lanes when available
Giving right-of-way to pedestrians
Ignoring these rules can lead to collisions with cars, other bikes, or pedestrians.
Poor visibility and road conditions
Visibility is a significant factor in many e-bike accidents. Riders without proper lights, reflective gear, or bright clothing are harder to see, especially at night or in bad weather. Bad road conditions can also lead to accidents. Potholes, debris, and uneven surfaces are particularly dangerous for e-bike riders. These hazards can cause loss of control, crashes, and injuries.
Distracted riding
Distracted riding is another common cause of accidents. This includes using a phone, listening to loud music, or anything that takes your attention away from the road. Staying focused while riding is essential.
Riding smart, staying safe
Riding an electric bicycle can be a fun and efficient way to get around. However, it's important to be aware of the common causes of accidents and take steps to avoid them. Remember to always prioritize safety over speed and convenience.]]>On Behalf of Kiernan, Plunkett & Redihan, LLP<![CDATA[What are some common injuries from defective products?]]>https://www.kprlaw.com/?p=504342024-04-08T22:56:33Z2024-04-08T22:56:33ZElectrical burns and shocks
Wiring or design flaws in electrical appliances can lead to electrical burns and shocks. These injuries occur when exposed wires or malfunctioning circuits come into contact with the skin. Electrical burns can cause pain, tissue damage and even cardiac arrest in some cases.
Lacerations and cuts
Poorly designed or made products can have sharp edges or defective components that can cause lacerations and cuts. From kitchen knives to power tools, any sharp object can become a hazard if not properly made.
These injuries can range from infected cuts to deep wounds requiring medical attention. Products need to have safety features in place to reduce the risk of such accidents.
Choking and suffocation
Badly constructed children's products can pose a choking or suffocation hazard. Small parts that break off easily or inadequate warning labels can put children at risk of swallowing or inhaling objects. Also, clothing or bedding with loose strings or straps can lead to accidental strangulation.
Fractures and head injuries
Products such as furniture or sporting equipment can pose a risk of fractures or head injuries if they are defective. Weak materials, unstable structures or lack of safety features can contribute to accidents resulting in broken bones or concussions.
Businesses need to pay close attention to what items they create and sell. People struggling with an injury from a defective product may want to seek fair compensation.]]>