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.
Common Slip and Fall Injuries
Most people think that slip and fall injuries are only harmful to your ego and reputation, however, those who have been injured know that these sort of accidents are not just an embarrassment, but can result in severe pain, surgery, and loss of income. Some of the most common slip and fall injuries in a Fayetteville accident are:
- Burns and scalds
If you have been the victim of a slip and fall accident in Fayetteville, AR and have suffered any of the above injuries or any other type of injury you may be able to recover for your losses. However, you should be aware that there are strict laws that dictate how much time you have to file your case. Additionally, you will have the burden of proving each of the elements of negligence, which can be a daunting task.
Rely on Experienced Fayetteville, Arkansas Slip and Fall Lawyer Ken Kieklak
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.