Arkansas Slip and Fall Lawyer

Slip and fall accidents are a significant health concern, impacting hundreds of thousands of people annually in the U.S.

Slip and Fall Accidents: Seeking Compensation for Your Injuries

Falls are the leading cause of emergency room visits, accounting for more than 8 million visits yearly, as reported by the National Floor Safety Institute (NFSI). Slip and fall accidents account for 12% of the total falls and more than 1 million emergency room visits. If you or a loved one has suffered a slip and fall accident and sustained injuries on someone else’s property, speak with an experienced slip and fall attorney in Little Rock. You may be entitled to seek compensation for your losses.

What Are the Common Causes of Slip and Fall Accidents?

Individuals of any age can be injured in slips and falls. These accidents can occur anywhere, from stores or restaurants to public sidewalks to private homes. Common causes of slips and falls include:

Wet floors without proper warning signs
Spills that are not cleaned up promptly
Uneven flooring
Cracked sidewalks or potholes
Obstructions in walkways, such as boxes, debris, or electrical cords
Poor lighting that makes it difficult to see uneven surfaces or obstacles in the walkway
Snow, ice, and other weather conditions that make surfaces slick

What Is the Legal Duty of Property Owners to Visitors in Arkansas?

Property owners in Arkansas have a duty of care to visitors on their premises. The extent of their legal obligation depends on the status of the visitor, which could fall under any of three categories:

Invitee

A person who has been invited onto a property for business purposes is an invitee. For example, customers in a store and patrons in a restaurant are considered invitees. Property owners owe invitees the highest duty of care. They are legally obligated to regularly inspect the premises for possible hazards and promptly correct any potentially dangerous conditions.

Licensee

A person who enters a property for their own purposes, with permission from the owner, such as a social guest, is classified as a licensee. Property owners must warn licensees of any known dangers on the premises that may not be obvious.

Trespasser

Anyone who enters a property without permission from the owner is a trespasser. The duty of property owners to trespassers is limited to refraining from willfully or wantonly causing them harm. The exception is for children trespassing when an attractive nuisance, such as a swimming pool, trampoline, or a tree house.

What Are the Elements of a Slip and Fall Injury Case?

The burden of proof is on the plaintiff in a personal injury lawsuit. To prevail in a claim for compensation after a slip and fall accident on someone else’s property, you must prove every element of your case:

Duty of care: The owner or operator has a duty to exercise reasonable care in maintaining the premises. If you were shopping in a store, eating in a restaurant, or patronizing any business establishment when the accident occurred, the property owner owed you the highest duty of care as an invitee.
Breach of duty: Your attorney must show that the property owner breached the duty of care by failing to correct a dangerous condition that the owner knew or should have known about, by neglecting to conduct regular inspections to identify safety issues, or by failing to provide adequate warnings about potential hazards.
Causation: A direct link must be established between the property owner’s breach of duty and the injuries you sustained. Your slip and fall lawyer must prove that the hazardous condition on the property was the proximate cause of the accident.
Damages: You must show actual damages to recover compensation in a slip and fall accident claim. Your damages may include past and future medical expenses, lost wages, loss of future earnings, pain and suffering, and other losses that may be demonstrated in court.

What Is Comparative Fault in Arkansas?

Arkansas follows a modified comparative fault rule for most personal injury matters, as stated in the statutes in Section 16-64-122. Under this rule, each party is assigned a percentage of fault for the incident, which must be less than 50% for an injured party to recover damages. A plaintiff who prevails in a slip and fall case has their financial recovery reduced by the assigned percentage of fault. For example, if the plaintiff were 10% at fault for the accident, an award of $100,000 would be reduced by 10% to $90,000.

How Can a Slip and Fall Lawyer in Little Rock Help?

At McMath Woods, we are not a high-volume injury firm. We accept fewer cases, which allows us to work closely with our clients, providing a higher level of personalized service. Our firm has been delivering proven results since 1953. Contact us for a free consultation after a serious slip and fall accident in Arkansas.