When you’ve been in an accident on someone else’s property and that could have been prevented by the property owner or business owner, then they are responsible for what happened to you. Slip and fall accidents are some of the most common incidents that happen on someone else’s property, and they can cause serious and sometimes fatal injuries to those who fall.
If a person falls on the sidewalk or someone else’s property, and it was the fault of the property owner, then they could use the help of a Bentonville premises liability lawyer. At McMath Woods P.A., we’re here to help you recover what you’re owed financially so that you can focus on recovering physically and emotionally. We won’t let you settle for less than you deserve.
Duty of Arkansas Law
In general, a property owner has a duty to their 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 from 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 through the owner’s negligence.
- The negligence that caused the breach directly caused injuries.
- Those injuries led to damages.
What’s important to note here is that the breach must have been caused by the property owner’s negligence. It’s also important to note that the person on the property must be classified as a visitor. In order to be classified this way, they 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 your injuries were caused by an owner’s negligence, if they owed you a duty of care, and if you were considered an invitee on their property. Your attorney will answer all of your questions and ensure they’re building you the strongest claim possible.
Common Premises Liability Accidents
When you are legally allowed on someone else’s property and you encounter an obstacle that leads to an accident, you could suffer from injuries and subsequent damages. Your Bentonville premises liability lawyer will be able to help you determine exactly what happened so you can prove fault and damages.
Our expert attorneys see premises liability accidents all the time and have experience dealing with these scenarios:
- Slip and falls. Falls are more dangerous than you think. According to the Centers for Disease Control and Prevention (CDC), one in five falls causes a serious injury like a broken bone or a head injury. If a surface is slippery, stairs aren’t safe, or any other obstruction is in the path of a person on a premises, they could slip and fall and get injured.
- Construction sites. While many accidents at construction sites are considered work accidents, some can also fall under premises liability. There’s plenty of uneven surfaces, dangerous equipment, and other harmful objects on a construction site, so when a third party walks onto the site, they could easily have an accident.
- Amusement parks. Even though amusement parks and water parks can be fun for families, they can also be dangerous and cause serious injuries when parts malfunction or safety protocols aren’t in place. Rollercoasters, water slides, and other fixtures at amusement parks can be unsafe for certain visitors. When the park doesn’t issue safety warnings or monitor the safety of their park, then visitors can suffer from severe injuries or even death.
- Animal bites. Certain animals are more dangerous than others. Wild animals are more dangerous than dogs, but dog bites do fall under animal bites. When dogs aren’t properly trained or socialized, they can bite visitors on their property.
- Drowning. When there’s a pool or water feature on someone’s property, they are responsible for ensuring the people on their property are using it safely. Many accidents can lead to drowning, which is why it’s important to always watch over everyone in the pool.
- Burns. Hot surfaces on a property can cause burns for visitors if they’re not alerted about the hot surface.
- Explosions. If a property owner isn’t diligent about having their property inspected and kept safe, then they could be at risk for an explosion, especially if they have gas on the premises. These can cause serious injuries to people in the area as well as death.
If what you experienced isn’t listed above, then don’t worry—you still might have suffered the consequences of a negligent property owner. A Bentonville premises liability attorney can help you determine whether or not you have a claim.
Our Bentonville Premises Liability Lawyer Will Represent You
You should always be safe on a property that you were welcome on. When a property owner in Arkansas is negligent and ignores their duty of care, that can result in you suffering from injuries on their premises. That’s where we can help you. At McMath Woods P.A., our Bentonville premises liability attorney is here to defend your rights and get you justice.
We’ll look into what happened so we can determine who was at fault and what you’re owed in compensation. Reach out to our office today so that we can get started.