Serving clients in Fayetteville and all of NW Arkansas
If you or a loved one was injured in a slip and fall accident in Farmington, AR, we can help. Our Farmington, AR slip and fall accident lawyer, Ken Kieklak, Attorney at Law, can hold the liable parties accountable for your losses. Backed by years of experience, we have developed the necessary tools to fight for your compensation.
It is critical to understand that there is a limited amount of time to file your claim with the court. We can help you understand what you can expect from your case and file your claim on time. To learn more about all of our services in a free, confidential consultation, call our law offices today. Our phone number is (479) 316-0438.
Proving Fault in a Slip and Fall Accident in Farmington, AR
Slip and fall accidents are one of the most common types of accidents in the US. Every year, thousands are injured in slip and fall incidents due to different causes. In many cases, this type of accident can happen due to the negligence of another person. Most slip and fall accident cases take place while on somebody else’s property. As a general rule, all property or landowners must keep their properties safe from any evident or underlying dangers that may harm their visitors. For instance, commercial establishments such as supermarkets and department stores must make sure that all of their premises are free from hazards that could harm their customers.
It is not enough to say, “the property owner is liable” to establish liability in a slip and fall accident. For instance, you should be able to support your claim by stating and proving that the property owner knew or must have known about the dangerous condition. In other words, you should be able to show whether the property owner exercised a reasonable effort to identify and correct a potential threat on their premises.
If a property owner fails to identify, warn of, or correct any dangers on their property, they may be liable for your injuries. However, it is essential to understand that not all property owners are 100% accountable in a slip and fall accident. We explain more below.
Comparative Negligence in Farmington, AR Slip and Fall Cases
When evaluating and determining the amount of compensation a slip and fall accident victim can get, the courts will use Arkansas’ comparative negligence rules. This rule can be found in Arkansas Code Annotated § 16-64-122. Under the comparative negligence rule, a slip and fall accident victim may not recover the full compensation she would otherwise get. Additionally, there may be instances where an injured victim in a slip and fall accident may not be able to recover compensation at all.
A defendant – the property owner – is likely to argue that you were partly responsible for your accidents’ outcome. Imagine for a moment that you are at a neighbor’s house for a birthday party. On your way to the kitchen, you slip on a big puddle of spilled wine, fall, and hurt your back. In this scenario, the property owner may be liable for your slip and fall accident. However, you may be partly liable for your slip and fall if the defendant can prove that you didn’t exercise care – or weren’t paying attention – when walking towards the kitchen.
This oversimplified example is subject to different interpretations. However, it serves the purpose of showing how a defendant may shift part or all liability towards the plaintiff. Under state law, if you were less than 50% liable for the Farmington slip and fall accident, you can get compensation. However, your compensation will be reduced. For instance, if you were granted $100,000 in your case, but were found 20% liable for your accident, your total compensation would be $80,000.
On the other hand, your situation may complicate if you were found to be 50% or more responsible for your slip and fall accident. Under such a circumstance, you may not get any compensation. After a slip and fall case, you might sustain significant medical expenses, lost wages, and pain and suffering. Compensation might help you cover all of these losses. However, everything might be in jeopardy if the defendant can show that you were liable for your accident. For this reason, it is essential to have a skilled, knowledgeable, and experienced Farmington, AR slip and fall accident attorney who can help you with all of these matters.
Our Farmington, AR Slip and Fall Accident Lawyers Can Help You File Your Claim
If you were injured in a slip and fall accident in Farmington, Arkansas while on another person’s property, you can file a personal injury claim based on a premises liability theory. Under this theory, you have the burden of proving the property owner’s negligence. To achieve this, you need to show four critical elements.
First, you will need to show that a hazard or danger existed on the defendant’s property. As we mentioned, all property owners are responsible for keeping their properties safe from dangers. You can show this element by providing evidence supporting that there were uneven, cracked, or smooth surfaces that led to your accident. Furthermore, you will need to establish that the owner knew or should have known about these facts and failed to correct or warn about them.
Second, you will need to establish that you were allowed to be on the defendant’s property. There are different categories of guests, which might affect the duty of care owed by the property owner. A visitor on a premise can be classified as an invitee, licensee, or a trespasser. Our Farmington, AR slip and fall accident lawyers can help you with this matter.
Third, you will need to establish that you suffered injuries as a result of a hazard on the owner’s property. In other words, you need to prove that the owners’ failure to keep their premises safe caused your injuries.
Lastly, you will need to determine that you suffered losses due to your injuries. For instance, you can provide evidence showing your medical expenses, prescription medication, loss of ability to generate income, and past or future medical treatment. Once you have shown these elements, the court may grant you the compensation to cover your losses.
Slip and Fall Injury Lawyer Providing Assistance to Injured Victims in Farmington, AR
If you or a loved one was injured while on another person’s property in Farmington, AR, we can help. Backed by many years of experience with slip and fall accident claims, we know what it takes to fight aggressively and strategically for the compensation you need. Call Ken Kieklak, Attorney at Law today for your free, confidential consultation. Our phone number is (479) 316-0438.