Serving clients in Fayetteville and all of NW Arkansas
When someone slips and falls or is injured on someone else’s land and sustains a personal injury, that person may be entitled to monetary compensation. The law in Arkansas has developed a system to compensate those who may be injured on another’s property. However, before a person can recover for their injuries, they must prove that the owner owed a duty to keep their property safe. Property owners, property managers or those who otherwise have control of the premises are generally required to exercise reasonable care in their duty to protect or warn those individuals of dangers or dangerous conditions. However, not every visitor is treated the same under Arkansas law.
Therefore, if you have been injured 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 in Bentonville.
Basics of Duty in Bentonville
Premises liability actions are based on a theory of negligence or legal fault. Under Arkansas law, a person who alleges that they have been injured on another’s property must show that their injury was “caused” by a “condition” upon the land at issue. Arkansas generally follows the national trend, and in order to be liable for negligence under Arkansas law, there must be:
- A special duty of care existing between the injured party and the negligent party;
- A breach of that duty; and
- The negligence must be the “proximate cause,” or legal cause, of the victim’s injuries and damages.
Duty is perhaps the most important element that a person should understand before they consider filing a claim. Duty derives from recognizing that there may be a legal obligation between individuals. Whether or not there is a duty owed by one person to another is always a question of law and never a question for the jury. This means that the judge will determine if there is a duty.
Furthermore, under Arkansas law, for the purposes of premises liability, distinguishes three basic categories of persons present on another’s property who may allege injury against the landowner:
Arkansas courts adhere to common law distinctions between the duties owed to these categories of persons.
Common Injuries That Result from Premises Liability Accidents
When you are injured on someone’s premises, your injuries may be minor or they may be severe. Some of the most common injuries in premises liability accidents include:
- Slip and fall accidents – These are the most common injuries, and the ones you are most likely familiar with.
- Animal attack or bites – Generally a property owner who keeps animals on their property is responsible for preventing their animals from harming others.
- Burn injuries – Burn injuries have differing levels of severity. If the property owner could have prevented a burn injury, generally the property owner may be held liable for the burn injury.
- Gas explosions and exposure to toxic fumes – These injuries can be severe and are often deadly. When a property owner has gas or toxic gases on their property they are responsible for maintaining an environment in which inhabitants are not exposed to unsafe gasses. When his or her failure to do so causes a gas explosion, accumulation of toxic fumes, or another hazard, he or she can be held liable for resultant injuries.
- Accidental drowning – Unfortunately, these claims are another common source of premises liability claims. Pool owners who do not take protective measures such as covering their pools or placing a fence around their pool may be held responsible for an accidental drowning in their pool.
There are many other types of injuries that a person can sustain on another’s property. If you have been injured on someone else’s premises and are not sure if you have a claim, you should seek out an experienced Arkansas premises liability attorney.
Slip and Fall Accidents Statute of Limitations in Bentonville
In Arkansas, if you have sustained a personal injury, you need to act quickly or you may miss the statute of limitations and will not be able to file a claim and recover for any losses. The statute of limitations is a time period in which a case must be filed to avoid being dismissed from court. It is crucial to understand and strictly adhere to the statute of limitations for your particular case. If you miss the statute of limitations by even a day, you will not be able to even file your lawsuit, or the defendant will immediately ask the court to dismiss the claim because the statute of limitations has already passed. In Arkansas, the statute of limitations for a personal injury slip and fall accident is three years from the date of the accident.
The Arkansas Code Annotated section 16-56-105 sets the statute of limitations that applies to almost all lawsuits arising from a slip and fall incident. This statute gives a prospective plaintiff three years to ask the state courts for a civil remedy for any personal injury or damage to personal property. However, in some rare situations, the statute of limitations may pause or “toll,” giving you more time to get your case started.
Contact a Bentonville, Arkansas Premises Liability Attorney
Proving a premises liability case requires a clear and focused approach. Ken Kieklak can work to hold the negligent party accountable for your injuries. For your free and confidential initial consultation, contact Arkansas personal injury Ken Kieklak by calling (479) 251-7767 or visit online.
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