Who Is Liable When You're Injured on Someone Else's Property in Rhode Island?
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Every premises liability case in Rhode Island begins with the same foundational question: what duty of care did the property owner owe to the person who was injured? The answer depends on your legal status on the property at the time of the injury. Rhode Island law classifies people on another’s property into three categories, and each carries a different standard of care that the owner must meet.
At the Law Offices of Michael F. Campopiano, we handle the full spectrum of premises liability claims across Rhode Island. Understanding which category applies to your situation is the starting point for any claim. Call us at (401) 288-3888 for a free consultation. You pay nothing unless we win.
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Legal classifications for people injured on someone else's property in Rhode Island: invitee, licensee, and trespasser
$500,000
Settlement recovered by MFC Law for a client seriously injured in a Providence premises liability case
$285,000
Settlement recovered by MFC Law for a client injured in a slip and fall at a private Rhode Island residence
The Three Legal Categories and What They Mean for Your Claim
Invitees: The Highest Duty of Care
An invitee is someone who enters a property with the owner’s express or implied permission for a purpose connected to the owner’s business or for a purpose for which the land is held open to the public. Invitees receive the highest level of legal protection.
Examples of invitees in Rhode Island:
- Customers in a store, restaurant, shopping mall, or any commercial business
- Guests at a hotel, gym, or entertainment venue
- Visitors to a government office, library, or public facility
- Delivery drivers, mail carriers, and service workers who arrive during business hours
- Members of the public using a park, parking lot, or other publicly accessible property
For invitees, the property owner must inspect the premises for dangerous conditions, repair known hazards within a reasonable time, and warn invitees of dangers that are not obvious. The duty is active, not passive. The owner cannot simply wait for problems to be reported.
Licensees: A Duty to Warn
A licensee is someone who enters the property with the owner’s permission but for their own purpose rather than for the owner’s benefit. The classic example is a social guest.
Examples of licensees in Rhode Island:
- Friends or family members invited to a private home for a social occasion
- Neighbors who cross a property with the owner’s knowledge and acquiescence
- Salespeople and solicitors who come to the door during reasonable hours
For licensees, the property owner must warn of known dangerous conditions that the licensee is unlikely to discover on their own. The owner is not required to inspect for unknown hazards, but must disclose hazards they actually know about. If a homeowner knows about a broken step and fails to warn a dinner guest, and the guest falls, the homeowner may be liable.
Trespassers: Limited Protection — With Important Exceptions
A trespasser enters the property without any permission, express or implied. Generally, a property owner owes no duty to inspect or make property safe for trespassers, and is only required to refrain from willful or wanton injury.
However, two significant exceptions apply in Rhode Island:
- Attractive Nuisance: When a property contains a dangerous condition likely to attract children who may not appreciate the risk, such as a swimming pool, trampoline, or construction site, the owner may be liable to child trespassers even though the children had no right to be on the property
- Known Trespassers: When a property owner knows or has reason to know that people regularly trespass in a particular area of their property, a higher standard of care may apply to those individuals
Landlord vs. Tenant Liability in Rhode Island
When an injury occurs in a rental property, both the landlord and the tenant may bear responsibility depending on who had control over the condition that caused the injury. The general rule in Rhode Island is:
- Landlord liability: The landlord is responsible for common areas (hallways, stairwells, parking lots, laundry rooms, and shared exterior spaces), known defects in the unit that existed at the time of lease, and conditions they were notified of and failed to repair
- Tenant liability: The tenant is responsible for conditions within their unit that were created by their own use of the property, and may be liable to guests injured on their leased premises
Shared liability: When both the landlord and tenant had knowledge of a dangerous condition and both failed to address it, both may share comparative liability
Government Property: Special Rules Apply
When an injury occurs on property owned or maintained by a Rhode Island city, town, or state agency, different rules apply. Claims against government entities in Rhode Island require a formal written notice served within 60 days of the injury. Missing this deadline permanently bars the claim against the government entity. See our dedicated page on government property slip and fall claims and the 60-day notice rule.
$500,000
Settlement recovered by MFC Law for a client seriously injured in a Providence premises liability case.
Types of Premises Liability Claims MFC Law Handles
We represent Rhode Island injury victims across the full range of premises liability claims:
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We handle a wide range of personal injury cases, including car accidents, slip and falls, Dog Bite, and more. No matter the complexity of your case, we have the expertise and resources to fight for the compensation you deserve.”
Frequently Asked Questions: Property Injury Liability in Rhode Island
1. What is the difference between an invitee and a licensee?
An invitee enters a property for a purpose connected to the owner’s business or because the property is open to the public. A licensee enters with permission but for their own social purpose. Invitees receive the highest duty of care: the owner must inspect, repair, and warn. Licensees receive a lesser duty: the owner must warn of known dangers but need not inspect for unknown ones.
2. Am I an invitee when I visit a friend's home?
No. Social guests are licensees, not invitees. The homeowner must warn you of known dangers they are aware of, but is not required to inspect for hazards or repair conditions they did not know about. If your friend knows the deck railing is loose and fails to warn you, and you fall, they may be liable. If they were unaware, the standard is more difficult to meet.
3. Can I sue if I was injured on someone's property while trespassing?
Generally no, but there are important exceptions. If you were a child injured by an attractive nuisance such as an unfenced pool or trampoline, the attractive nuisance doctrine may create liability despite the trespass. If the property owner knew that people regularly trespass in that area, a higher duty may apply.
4. Who is responsible if I am injured in a rented apartment?
It depends on what caused the injury and who had control over that condition. Landlords are typically responsible for common areas, known pre-existing defects, and conditions they were notified of and failed to repair. Tenants may be responsible for conditions within their own unit created by their use of the space. Both may share liability in some circumstances.
5. What if the property is owned by a city or government entity?
Government property claims require a formal 60-day written notice before you can file suit. Missing this deadline permanently bars the claim against the municipality. See our page on government property slip and fall and the 60-day notice rule.
6. What if I was partially at fault for my own injury on someone else's property?
Rhode Island’s pure comparative negligence rule means your recovery is reduced by your own fault percentage but not eliminated. A visitor who was not watching where they were going but was hurt by a condition the owner should have fixed can still recover the portion of damages attributable to the owner’s negligence.
7. How long do I have to file a premises liability claim in Rhode Island?
Three years from the date of the injury under Rhode Island’s statute of limitations. Government entity claims require a 60-day notice that must be filed first. Evidence including surveillance footage and incident reports disappears quickly, so contact an attorney as soon as possible.
Why Choose the Law Offices of Michael F. Campopiano?
Why Choose the Law Offices of Michael F. Campopiano?
Founded in 2007, MFC Law has spent nearly two decades fighting for injury victims throughout Rhode Island. Michael F. Campopiano built this firm on a simple belief: advocacy with compassion, when clients need it most. That means being accessible, honest, and relentless. Mike answers client calls directly, moves quickly to preserve evidence, and does not back down when insurance companies push back.
Our team speaks English, Spanish, and Portuguese, so every client feels fully understood and supported through every step of the process.
We represent premises liability victims in:
And all surrounding Rhode Island communities.
For a full overview of Rhode Island premises liability claims, visit our Rhode Island Premises Liability Lawyer page.
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