Slip and fall accidents are often the source of jokes on television and movies, however for those who have lived through a slip and fall accident they know that a slip and fall can cause severe damage. Work-related slip, trip, and fall incidents can frequently result in serious disabling injuries that impact an employee’s ability to do his or her job often resulting in lost workdays, reduced productivity, and expensive worker compensation claims.
If you have been injured as a result of a slip and fall accident in Fort Smith an experienced premises liability and slip and fall attorney may be able to help. To speak with an experienced Fayetteville, Arkansas personal injury attorney, call the Law Practice of Ken Kieklak at (479) 316-0438, or contact us online.
What are Common Reasons for Slip and Fall Accidents?
There is no one single cause for a slip and fall accident. Often a slip and fall case is a result of someone stepping on an unsafe surface or losing his or her footing because of unsafe conditions. No matter what the reason for a slip and fall accident a person is likely to experience severe injuries as a result of a slip and fall accident. Some of the most common reasons for slip and fall accidents include:
- Poor drainage
- Improperly maintained sidewalks
- Outdoor walking surface irregularities
- Weather conditions including ice and snow
- Inadequate lighting
- Stairs and handrails
- Stepstools and ladders
- Tripping hazards
- Improper use of floor mats and runners.
However, the most common reason that people slip and fall is due to some liquid left on the ground. Spills, especially from water can happen in an instant and go unnoticed when on top of a concrete floor. Unfortunately, this can create a very dangerous situation for people who may be on the premises because if they do fall, they are met with hard concrete, which can result in severe injuries. If you have been injured because of a puddle that was left on the floor you may be wondering what you will have to prove in order to receive compensation.
How Much Money can I Receive?
Slip and fall cases are each different and depend on the specific circumstances surrounding your case. While some slip and fall cases do not require any legal action and are relatively minor, other cases are more severe and result in injuries. However, under Arkansas law, you may generally recover.
- Past medical bills – A plaintiff is entitled to recover the reasonable expense of any necessary medical car incurred in the past. Arkansas applies the collateral source rule, which allows a plaintiff to recover for those bills paid by insurance.
- Future medical bills – A plaintiff is entitled to recover the reasonable expense of future medical care that is reasonably certain to be required in the future. Recovery of future medical bills will be reduced to present day value.
- Hedonic Damages – Arkansas divides hedonic damages into 2 categories: “Loss of life” and “loss of enjoyment of life”. Loss of life damages are those damages for the loss of life that begins at death and runs forward until the end of life expectancy. Loss of enjoyment of life damages are pre-death damages. Arkansas law recognizes both forms of hedonic damages. Loss of life damages are independent element of damages.
- Disability – disability may cause a loss of earning capacity, which is compensable.
- Past pain and suffering – Arkansas recognizes past pain and suffering as a compensable element of damages. Pain and suffering can be inferred from the serious nature of the injury and the mental anguish can be inferred from the extent of physical pain. There are no definite rules or standards to measure compensation for pain and suffering. The extent of medical expenses is not a controlling factor. Arkansas allows plaintiffs to use a per diem basis to justify an award of pain and suffering. Arkansas does not, however, allow for an attorney to ask the jurors to put themselves in the shoes of the plaintiff.
- Future pain and suffering – Arkansas allows for a plaintiff to recover for pain and suffering that is reasonably certain to be experienced in the future provided that the evidence establishes with a reasonable degree of certainty that the future pain and suffering will occur. Awards for future pain and suffering are not to be reduced to present value.
- Loss of society – Arkansas law allows for claims of loss of consortium between a husband and wife. The spouse is entitled to damages to fairly compensate him or her for the reasonable value of any loss of the services, society, companionship, and marriage relationship. Claims for loss of consortium are derivative and must accompany an award to the injured partner. Children do not have claims for loss of consortium.
- Loss of income, wages, and earnings – Arkansas allows a plaintiff to recover for loss of income, wages, and warnings. Motivation, post-injury income, credibility, demeanor, and a multitude of other factors to be considered in claims for wage-loss disability benefits.
When you have suffered an injury as a result of a slip and fall accident the law will attempt to put you in the same position as if the accident never happened.
Are There any Damage Caps in Arkansas Injury Cases?
Damages in injury cases are “capped,” or limited, by law in some states as a means of keeping personal injury cases from resulting in absurd amounts of money being awarded. Damage caps limit the amount of compensation an injured person can receive. Many states limit the amount of non-economic or “pain and suffering” damages that apply or alternatively, they apply damage caps only to certain types of cases, such as slip and fall cases. Arkansas, however, does not place a cap on the amount of damages one can receive from a personal injury case.
Rely on Experienced Rogers Arkansas Slip and Fall Attorney Ken Kieklak
If you have suffered a slip and fall injury in Forth Smith, 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.