Serving clients in Fayetteville and all of NW Arkansas
Thousands of people fall and are injured each year. Some of these injuries are minor, however, sometimes they can be severe and require doctors visits, time off from work, and even surgery. When someone slips and falls on someone else’s property and are injured, they may be entitled to monetary compensation if there was a dangerous or preventable condition that caused their injury.
If you have been injured In Bella Vista due to a dangerous condition on the property of another person, you may be entitled to compensation for your medical bills, lost wages and other damages. Ken Kieklak, Attorney at Law possesses more than 20 years of experience standing up for injured Arkansans.
What Types of Premises Liability Accidents Are There?
A premises liability accident can be described as an accident that occurs on another’s property that results in personal injury. Premises liability accidents come in many forms and you may be familiar with many of them. However, some of the most common accidents that are classified as premises liability accidents include:
- Slip and falls – A slip and fall is a common premises liability accident. It can occur due to a spilled liquid, snow or ice, or because of an uneven sidewalk.
- Animal attack – a property owner who keeps an animal on his or her premises is responsible for keeping the animal from harming visitors or passers-by.
- Trip and falls – Trip and fall accidents can also occur under a variety of circumstances. A cracked sidewalk, debris on a walkway, or insufficient lighting can all cause or contribute to this type of accident.
- Falling object – Being struck by a falling object can cause traumatic brain injury, broken bones, and other severe injuries. Accidents of this type can occur due to improperly or overstocked shelves in a retail store, falling signage or awning, or items that a worker drops.
- Stairwell injuries – Insufficient lighting, uneven stairs, a deficient hand rail, and debris on the stairs can all lead to serious injuries. Furthermore, due to the nature of stairs injuries can be catastrophic or fatal as the individual can fall or tumble down the stairway.
While the foregoing describes a few of the more common types of premises liability accidents, there are many more circumstances under which they can occur.
What Is A Slip & Fall Accident?
A “slip and fall” accident is a term used to describe a particular personal injury case in which a person slips or trips and is injured on someone else’s property. This type of injury generally falls under the larger category of premises liability. These types of accidents usually occur on another persons’ property, or premises. Some of the most common reasons for a slip and fall accident include:
- Changes in flooring
- Poor lighting
- Narrow stairs
- Wet floor
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.
How To Prove Fault In A Slip and Fall Case
When someone is injured after a slip and fall case, it may not always be clear who is responsible and if you are able to recover for your injuries. As in every case, there is no magical formula to determine if a premise owner is legally responsible for paying for your slip and fall injuries. However, there are some essential facts that an injured person must prove before they can recover for their injuries. To begin, a person who is injured must prove that there was a “dangerous condition,” on the property and that the owner of the property knew of the dangerous condition. Generally a “dangerous condition” has been defined as a condition that presents an unreasonable risk to a person on the property, and that it was a condition that the injured person normally would not have been able to anticipate. While it may be easy to show that there was a dangerous condition on the property, the law also requires that the property owner knew of a dangerous condition an injured person generally must prove that:
- The owner/possessor created the condition
- The owner/possessor knew the condition existed and negligently failed to correct it
- The condition existed for such a length of time that the owner/possessor should have discovered and corrected it prior to the slip and fall incident in question.
If you have sustained a slip and fall injury on someone else’s property because of a dangerous condition you will likely have to prove one or all of the above elements.
Slip and Fall Accidents Statute of Limitations in Arkansas
Personal injury slip and fall accidents are one of the most common injuries in Arkansas. It is important that if you have been injured due to a slip and fall accident you file your claim before the statute of limitations deadline. The statute of limitations sets a time limit when you are allowed to file a claim. Statutes of limitations are harsh rules, and if you miss the deadline to file your claim by even a single day you may not be able to recover for your damages. 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.
Put a Bella Vista Premises Liability Attorney to Work For You
Proving a premises liability case requires a clear and focused approach. Personal injury lawyer Ken Kieklak can work to hold the negligent party accountable for your injuries. For your free and confidential initial consultation, contact the Law Practice of Ken Kieklak by calling 479-439-1843 or contact us online.
As part of applying for disability, you may need to fill out a “function report.” This form requires a large amount of information about your daily life and life-tasks, focusing on what you are and are not able to do. After you give the Social Security...read more
Workers’ compensation and disability are two programs that work to the benefit of injured and disabled workers respectively. However, there are differences between workers’ comp and disability that a person should know about before filing an application for either...read more
Drivers behind the wheel of a car or truck have a responsibility to drive safely and follow the rules of the road. Pedestrians walking along the road or crossing the street have little to no protection from airbags, seatbelts, or other protective devices, and they...read more
After being involved in a car accident, most people involved will focus on the issue of fault. People wonder whether they are at fault for the crash or how they can prove the other driver was at fault. In most car accident cases, “fault” is determined by looking at...read more