Rhode Island Premises Liability Law

Update

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Nicole J. Benjamin, Esquirenbenjamin@apslaw.comAdler Pollock & Sheehan P.C.One Citizens Plaza, 8th FloorProvidence, RI 02903(401) 274-7200www.RIAppeals.com

Property owners must exercise reasonable care for the safety of all persons reasonably expected to be upon their premises.

They must protect against the risks of (1) known dangerous conditions on their property and(2) dangerous conditions the property owner in the exercise of reasonable care would have discovered.

Rationale: Property owners have the right and obligation to control their premises.

Liability of Property Owner for Injury Occurring on His/Her Own Property

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Property owners owe no duty of care to unknown trespassers. Upon discovering a trespasser in a position of danger, property owners must refrain from wanton and willful conduct.

Liability of Property Owner for Injury Occurring to a Trespasser on His/Her Own Property

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Berman v. Sitrin,991 A.2d 1038, 1047 (R.I. 2010)

“It is a well-established legal principle in this jurisdiction, as well as others, that a landowner

whose property abuts a public way has no duty to repair or maintain it.”

Abutting property owner has no duty to repair or

maintain public way.

Liability of Abutting Property Owner for Injury Occurring in Public Way

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Wyso v. Full Moon Tide, LLC,

78 A.3d 747 (R.I. 2013)

• Plaintiff, while vacationing on Block Island, tripped and fell on a cracked and uneven section of a public sidewalk.

•Plaintiff filed suit against the abutting property owner and the lessor of the abutting property.

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Wyso v. Full Moon Tide, LLC,

78 A.3d 747 (R.I. 2013)• Plaintiff alleged:(1) Defendants had failed to inspect, repair and maintain the sidewalk and (2) Defendants had a duty to warn Plaintiff of the dangerous condition.

•Plaintiff claimed that a municipal ordinance requiring repair of sidewalks gave rise to a duty of care.

•Summary judgment entered in favor of Defendants.

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Wyso v. Full Moon Tide, LLC,

78 A.3d 747 (R.I. 2013)

• Held: Neither property owners nor lessees of real property owe a duty of care to those who are injured on an abutting sidewalk.

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Wyso v. Full Moon Tide, LLC,

78 A.3d 747 (R.I. 2013)

• There is “a significant amount of our jurisprudence providing that a property owner owes no duty to individuals for the condition of public sidewalks when the property owner has taken no action to create a dangerous condition.”

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Wyso v. Full Moon Tide, LLC,

78 A.3d 747 (R.I. 2013)

• Rationale: The public sidewalk was not within Defendants’ control or possession.

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Wyso v. Full Moon Tide, LLC,

78 A.3d 747 (R.I. 2013)

• Duty of care does not arise from a municipal ordinance that requires landowners to maintain and repair abutting sidewalks because the municipal ordinance was intended to benefit the municipality and not individuals.

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Saunders v. Howard Realty Co.,

371 A.2d 274 (R.I. 1977)

A property owner has no obligation to repair a defective sidewalk when there is no evidence that

the property owner is the cause of the defect.

Abutting property owner not liable unless

(1) he has created the dangerous condition

(2) there is a municipal ordinance designed to

protect those who traverse the sidewalk.

Liability of Abutting Property Owner for Injury Occurring on Sidewalk

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