Slip and fall accidents in Arkansas often leave far more catastrophic injuries than people expect. If someone was responsible for your slip and fall, our attorneys can help you determine liability in a lawsuit.
Our team can help prove that the property owner or manager of the premises where you were injured had a duty to your safety. We will also gather evidence that shows they ignored a dangerous condition, violating their duty and injuring you. The more evidence our lawyers can gather, the stronger our claims of liability against the property owner will be. If the defendant claims they did not know about the condition, we can look for evidence that shows the danger was there long enough that they should have known about it. Also, do not worry if you feel partially responsible for your accident. Our team can still help you pursue compensation if you are somewhat at fault.
Call us at (479) 316-0438 to speak with our Arkansas slip and fall accident attorneys and get your free case evaluation today.
How Do You Prove Liability for a Slip and Fall Accident in an Arkansas Lawsuit?
To get compensation for your injuries from a slip and fall accident, you will typically need to prove negligence in a “premises liability” lawsuit. Under premises liability law, property owners and their representatives have a legal duty to maintain their properties and exercise reasonable care in making the property safe.
To win a lawsuit, you will essentially need to show that the property owner or manager failed to uphold this duty. Our Arkansas slip and fall accident attorneys can determine if your case meets the elements of premises liability. The following will help you understand what you need to prove to establish liability in your case and who you might need to file your claim against in Arkansas:
Proving Negligence for a Slip and Fall Accident
It is not enough to injure yourself on someone else’s property to claim premises liability. You will need to establish a few elements before you can recover compensation for your injuries.
First, you will need to show that you had a legitimate reason for being on the property. You might have been in a store buying something or at a restaurant eating lunch. Perhaps you injured yourself after being invited to a friend’s house. As long as you were not trespassing at the time of your accident, you should be able to show you were allowed to be there.
You will also need to show that the dangerous conditions existed on the actual property. The property owner or manager must know the conditions to be liable for them. However, that does not mean they must have actual knowledge of the dangerous condition. You can show liability by proving that the condition was there long enough that they should have been aware of it by the time you were injured. This is known as “constructive notice.”
Once we establish that the property owner had actual or constructive notice of the danger, we will provide evidence showing that they failed to correct the condition or place warning signs alerting people on the property.
Last, we will show that you slipped because of the property owner’s negligent conduct, which resulted in the damages you are seeking.
Who to Sue for a Slip and Fall Accident
If you need to file a slip and fall lawsuit, our team can help you determine who to file it against. Many premises liability claims are against businesses like shopping malls and grocery stores. Others are against restaurants, where uncleaned spills and rushing servers often cause accidents. Businesses such as these have a high duty of care for “invitees” on the property and must take reasonable steps to keep the property safe. If a negligent employee or manager caused your injuries, we can usually still file a claim against the business itself under the rule of “vicarious liability.”
In other circumstances, you might need to sue a private property owner, such as a neighbor or even a family member. Homeowners have just as much of an obligation to keep their properties safe for those allowed to be there. You might have been on the job and making repairs in someone’s home when you slipped and fell. Either way, you can usually file a claim against the property owner if you have permission to be on their property.
What Evidence Can Help Prove Liability in an Arkansas Slip and Fall Case?
To establish the elements above, you will need evidence. Thus, you will want to document your accident as much as possible. Our attorneys will also help you gather evidence not already in your possession. The goal is to have so much evidence that the defendant will have little room to argue against their negligence.
To start, make sure to get the basic details of the location where you were injured. For example, if you were injured shopping, note the business where it happened, as well as the time it occurred.
Accident reports can also be very helpful. If your accident happened in a place of business, report it to a manager. In most cases, they will make a report that should include your statements about what caused it and where in the store it happened. It is also possible that witnesses saw your slip in these situations. You will want to speak to witnesses yourself in case their information is not in the report. If they are willing to give you their contact information, our team can help contact them to get their testimony.
Photographic and video evidence is often crucial in slip and fall cases. You can take photos of the accident site and your injuries, which our team can then submit as evidence. This is important since a property owner will likely correct the condition right after the accident. Surveillance footage could also capture your accident. If you are arguing that the defendant should have known about the danger, pictures and videos can provide small details proving the condition had been there for an unreasonable amount of time.
Our team will also help you gather evidence of your damages. This is typically done by obtaining your medical records and proof of your lost income.
What if I Am Partially Liable for My Slip and Fall Injuries in Arkansas?
A property owner will likely fight your case by claiming you contributed or fully caused your slip and fall. Fortunately, our lawyers can help you recover compensation even if you are partially liable. According to Ark. Code § 16-64-122, you can recover damages as long as your amount of fault is less than the defendant’s.
Our Arkansas Slip and Fall Accident Attorneys Can Help You Today
For a free case review with our Bella Vista, AR slip and fall accident lawyers, contact us by calling (479) 316-0438.