Serving clients in Fayetteville and all of NW Arkansas
Premises liability law deals with hazards on a person’s property that can seriously injure other people. Property owners have a duty to correct dangerous conditions on their property, and injured guests can often sue for damages. However, an injured party does not have an unlimited amount of time to file their personal injury lawsuit. If you or a family member was injured by a dangerous condition on another person’s property, you should speak with an experienced Fayetteville slip and fall attorneys. Ken Kieklak, Attorney at Law, is here to represent you against negligent property owners in Arkansas. With almost two decades of experience practicing law, Ken explains the statute of limitations on premises liability cases in Arkansas.
How Long Do I Have to File My Premises Liability Lawsuit?
The amount of time you have to file your premises liability lawsuit depends on Arkansas’ statute of limitations. The statute of limitations states the amount of time a person has to file their claim with the court.
In Arkansas, the statute of limitations for premises liability lawsuits is three years from the date of the accident. That means that if you suffer a slip and fall injury at a retail store in Arkansas, you have three years to file your injury claim or the court may bar your claim. There are several other types of incidents that may qualify as a premises liability case:
- Swimming pool accidents
- Amusement park accidents
- Defective conditions on the premises
- Elevator and escalator accidents
- Snow and ice accidents
- Burn accidents
- Dog Bites
The statute of limitations only applies to the amount of time a person has to file their premises liability case. It does not apply to the amount of time your premises liability case will take to resolve. Hence, once you file your case, you no longer need to think about the case filing deadline.
Filing Your Personal Injury Case After the Deadline
If the deadline passes on your personal injury case, you will be unable to receive compensation for your injuries. Even if for some reason the court allows you to file your claim, the defendant may raise the statute of limitations as a complete defense to the allegations. That means that the defendant will be able to dismiss your case and you will have no other avenues to pursue your claim. However, some circumstances may allow you to delay your filing deadline.
Arkansas possesses laws that let certain parties “toll” or pause the statute of limitations deadline. These laws primarily apply to people who may have trouble litigating their claim. For example, if you were legally “insane” at the time the injury occurred, the statute of limitations deadline will be tolled. An individual with a mental illness may not appreciate the gravity of their injuries or understand their right to sue for their injuries. Once the injured party is cured of their mental illness, they will have three years from that date to file their case.
Additionally, if the injured party was under 21 when the accident occurred, the statute of limitations will toll until they turn 21. That means that the clock on your premises liability lawsuit will not begin to run until your 21st birthday.
There may be other methods to delay your premises liability case depending upon the circumstances of your case. You should consult with an experienced personal injury attorney to discuss other options you may have to file your claim.
When to File a Premises Liability Claim
There are various reasons to file your personal injury lawsuit early. Receiving compensation for your injuries is likely the most important reason, but there are other things you need to consider to prevail in your case. For example, if you file your case too late, the witness memory may be unreliable. Witnesses who cannot recall the circumstances of your injury will not help your case.
Another reason to file your case early is that evidence to prove your case should be promptly gathered. If you wait too long to file your case, the evidence you need to prove your claim may be lost or destroyed.
Additionally, if they are not held liable for their negligence, a property owner may not correct the defective conditions on their property, and others could be injured as well.
Fayetteville, AR Personal Injury Lawyers Will Help You File Your Injury Claim
If you or a family member was injured due to a defective condition on another person’s property, you should speak with an experienced Fayetteville personal injury lawyer. Ken Kieklak understands how a serious injury could negatively impact your life and is here to fight for you. To schedule a free consultation, call Ken Kieklak, Attorney at Law today at (479) 251-7767.
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