When you’ve been in an accident on someone else’s property that could have been prevented by a property or business owner, that party is responsible for what happened to you.
Duty of Property Owners Under Arkansas Law
In general, a property owner has a duty to visitors on their property so that they are safe from obstructions or dangerous surfaces. Property owners include homeowners, business property owners, and construction site owners. These owners owe a duty of care to their visitors under Arkansas law. Here are the elements that an attorney will fight to prove when you’ve been injured on that property by the owner breaking that duty of care:
- A duty of care existed between the property owner and you as a visitor
- That duty was breached (violated) through the owner’s negligence
- The negligence that caused the breach directly caused injuries
- Those injuries led to damages
It’s important to note that the property owner’s negligence must have caused the breach. The person on the property must be classified as a visitor. To be classified as a visitor, the individual must be either a licensee or an invitee. If a trespasser comes on the property and is injured, then the property owner is not responsible for those injuries. A trespasser enters the property without the permission or invitation of the owner. Licensees and invitees are both invited and allowed to be on the property, which is why a property owner owes them a duty of care but does not owe it to a trespasser. A Bentonville premises liability lawyer can help you determine if an owner’s negligence caused your injuries, whether they owed you a duty of care, and if you were an invitee to their property. Your attorney will answer your questions and ensure they’re building you the strongest claim possible.