Fayetteville, AR Slip and Fall Lawyer
Malls, restaurants, businesses, and sporting venues are all great places to be and to explore and Fayetteville has a wide variety of these places. However, while these places are great resources they can often pose real dangers that many people ignore or brush off as minor. A slip and fall accident is a common injury here in the United States, as well as in Fayetteville, however, these accidents also commonly result in broken bones, bruises, and severe injuries. While not every time slip and fall case results in a lawsuit or injuries, when you have been injured you want to know that you will be able to recover for your injuries.
What is a “Slip and Fall” Accident?
Slip and fall injuries are some of the most common injuries that people endure. Unfortunately, these types of injuries can arise from a wide variety of circumstances. However, a slip and fall accident generally involves a person losing their balance and falling. These types of accidents can result in injuries ranging from minor to severe. When you are on a person’s property you assume that they will take care to warn you of any dangerous conditions on their property, so often times people who slip and fall are vulnerable to injuries because they are not expecting to fall.
Proving Negligence in a Fayetteville, AR Slip and Fall Accident
Anytime you have a claim for a slip and fall accident in Fayetteville, AR or when you have been injured on someone else’s’ property you may be wondering what exactly will you have to prove to hold that person liable. The law offers many different theories of liability such as intentional acts such as robbery or assault. However, the law also has a way for people to recover for damages when there has not been an intentional act, but rather when a person has not performed how they were supposed to or expected to. The Arkansas courts have also laid out special rules for slip and fall cases which will be discussed below.
In Fayetteville, AR, the law is well settled that a property owner has a general duty to exercise ordinary care to maintain the premises in a reasonably safe condition for the benefit of invitees. This means that a store has a responsibility to make sure that their store is safe for people to come through. This does not mean that they have to make sure that no person is ever injured on their property, because that would be almost impossible, but what they need to show is that they took steps to make sure that there are no dangerous conditions on the property that are allowed to stay there for an extended period of time, such as a puddle of water that is left on the floor for hours.
In order to prevail in a Fayetteville, AR slip and fall case, a plaintiff must show either:
- The presence of a substance upon the premises was the result of the defendant’s negligence, or
- The substance had been on the floor for such a length of time that the store owner or property owner knew or reasonably should have known of its presence and failed to use ordinary care to remove it.
When you are walking through a store and you see one of the yellow signs that warn you that there is liquid you tend to avoid that area. This is an instance when the store has fulfilled their duty and at least made a warning. However, spills can happen at any time and often stores are not checking their premises as often as they should be. In these cases, you may be able to recover for any damage that you receive as a result of slipping on liquid left on the floor. However, as noted above, the courts have determined that this is a key factor when they are determining who is liable. As mentioned above, a store has a general duty to exercise ordinary care to maintain the premises in a reasonably safe condition for the benefit of invitees. Therefore, if a puddle was only on the floor for a limited amount of time and no one at the store knew about it, then the store may not be liable, however, the court will look at the length of time to determine if the store should have known.
Determining Liability for a Fall Accident in Fayetteville, Arkansas
When a fall occurs, there is always a question of who could be held liable for the accident. Fayetteville property owners have a duty to keep their property clear of any safety hazards that could cause a visitor to be injured. For example, if a property owner has an area of their property that is poorly lit, they increase the risk of a visitor suffering a fall injury.
It is important to note that property owners usually only owe a duty of care to visitors they invited or visitors that are on their property for the sake of completing a business transaction (e.g., a shopper at a mall). In some cases, a property owner may even owe a duty to an individual that trespasses on their property. However, they would not be held to the same standards needed to care for a visitor.
Fall accidents are also common in professions like construction where workers may have to climb heights in order to work. If a construction worker suffers a fall injury, there could be multiple parties that are responsible for their injuries. For example, if an employer did not give their workers adequate equipment needed to work at heights, this could make them liable for fall accidents that occur. Alternatively, a construction worker could also suffer a fall injury due to the negligence of a coworker.
To learn more about the common types of injuries caused by fall accidents in Fayetteville, Arkansas, you should continue reading and speak with an experienced Arkansas attorney regarding your accident.
Common Slip and Fall Injuries
A fall accident may occur under several circumstances. When a fall accident happens, the victim could be left with a variety of injuries. The following is a list of common injuries caused by fall accidents.
The pelvis is a ring of bones that consist of many different bones. When a person experiences a fall, they are likely to land on their hip, which could cause a pelvic fracture. Due to the symmetry of the pelvis, a fall on one side of the hip could fracture bones on both sides of the pelvis.
There are multiple types of pelvic fractures, depending on the severity and area of the fracture. For example, an open pelvic fracture that occurs when the bones of the pelvis break through the skin can be more dangerous than a closed fracture where the bones are not exposed.
If a victim of a fall accident suffers a broken or crushed hip, they will likely require surgery and extensive rehabilitation to recover from the injury. In some cases, a hip injury may be severe enough to cause the death of a victim.
Arm and Hand Fractures
When a person is falling, their natural inclination is to outstretch their arms and attempt to catch themselves or break their fall. This natural reaction to falling can result in a person fracturing the bones in their arms and hands if they are unable to break their fall.
An ankle sprain is one of the most common injuries related to falling accidents. If a victim trips over debris or twists their ankle due to a slippery surface, they are likely to suffer an ankle sprain. Severe ankle sprains can limit the mobility of a victim and cause serious swelling around the affected area.
Back injuries are another frequent result of a fall accident. If a victim falls with enough force or from a height, they can suffer a back injury that may affect sections of their spine. In extreme cases, a fall victim can suffer a spinal injury that causes them to experience partial paralysis or even full paralysis.
Head injuries or traumatic brain injuries can also be sustained if a victim of a fall strikes their head on a hard surface. The victim could experience concussions, loss of memory, mood swings, and many other health issues if a head injury is severe enough. That is why it is important to seek immediate medical treatment for a head injury.
There are other injuries that may be sustained due to a fall accident. If you suffered any of the above injuries or a different type of injury, you should waste no time contact an experienced attorney to have your case evaluated.
Our Fayetteville Slip and Fall Lawyers Can Help
If you have suffered a slip and fall injury, contact the Law Practice of Ken Kieklak. We stand up for Arkansans who have suffered a catastrophic injury or wrongful death. To schedule your free and confidential consultation call (479) 316-0438 or contact us online.