Personal injury slip and fall accidents in Arkansas are common and need to be addressed quickly to avoid missing the statute of limitations deadline. The statute of limitations is a time period in which a case must be filed to avoid being dismissed from court. In Arkansas, the statute of limitations for a personal injury slip and fall accident is three years from the date of the accident. Although common, there are many different requirements to which you must adhere to bring a timely slip and fall lawsuit in court.
What Is a Slip & Fall Accident?
A slip and fall or a trip and fall can occur under a broad array of circumstances but it generally involves a loss of balance that results in a fall. The reasons for the individual’s loss of balance can include a wet floor, uneven floor, insufficient lighting, a dangerous stairwell, or rough ground. In general, these type of accidents commonly happen when a defective or unsafe condition is not noticed or addressed. While individuals must use regular care when out walking or running, responsibility lies with the property owner to correct any defective conditions that may exist.
First, let’s focus on management’s responsibility to notify of danger in a slip and fall accident. When proving a personal injury slip and fall accident lawsuit, you must prove the owner or manager knew or should have known about a defective or unsafe condition on their property. Sometimes this can be quite easy if witnesses have filed complaints about the defective or unsafe condition already. But, in many cases, unknown leaks or drips from appliances can cause an accident without management being actually aware of any problems. In these circumstances a personal injury attorney must be able to prove constructive knowledge of the hazardous condition. That is, the owner or manager should have known about the dangerous condition.
Proving a Slip & Fall Accident
Slip and fall accidents can occur in stores, residential buildings, and office buildings. Slip and fall accidents can be caused by wet floors, slippery floors, broken staircases, ripped carpet or uneven flooring to name a few. Management must adhere to strict safety standards to prevent future lawsuits and unsafe conditions.
Proving management is at fault can be difficult in certain cases. There are three certain ways to prove the fault of management:
- Management caused the unsafe of defective condition.
- Proving a reasonable person would have known and repaired the unsafe or defective condition.
- Management knew of the unsafe or defective condition and refused to repair the condition.
Once any of these three scenarios can be proven, you may proceed to the next step of establishing a personal injury slip and fall lawsuit.
Contact an Arkansas Slip and Fall Injury Lawyer Today
Despite the relatively simple mechanism of injury, slip and falls can cause serious damage to one’s body that can take weeks, months, or years to recover from. According to statistics, there can be many negative results after a slip and fall accident. Missing work for a long period of time creates unpaid bills and mountains of debt for victims and loved ones. Your lack of income may keep up at night wondering how you will pay for both your medical treatment and your regular expenses.
Filing a lawsuit within the three-year statute of limitations time period can begin the process for monetary and emotional relief after an accident. Undue burden and stress can also mount if a loved one dies as a result of the accident. Weigh your options when consulting a personal injury lawyer about a potential slip and fall lawsuit. Relief for pain and suffering is worth the wait. Contact Ken Kieklak today at (479) 316-0438.