At McMath Woods P.A., our Little Rock premises liability lawyers believe that when a homeowner or property owner is negligent and serious injury results, the victim of that injury shouldn’t be the person to hold the burden of liability. In the state of Arkansas, all property owners—including homeowners, construction site owners, and business property owners—have a legal duty to keep their properties safe for visitors. When an owner fails to uphold that duty, they can be held liable for injuries that occur.
As part of these responsibilities, property owners must properly maintain their landscaping, keep sidewalks, stairwells, driveways, and flooring safe and slip-free, make sure roofing, etc. is safe, remove any debris or spills that may be hazardous, and take adequate measures to make sure visitors remain safe during adverse weather conditions like heavy rainfall, snowfall, or icy conditions. Failure to do any of these maintenance steps can result in an issue of liability should an accident occur.
Property owners must warn visitors of any potential hazards in an instance where they know about a hazard but are unable to immediately fix the hazard or replace the broken handrail, sidewalk, etc. Warnings must keep visitors out of the area if possible. Property owners are then given an adequate amount of time to fix said hazard once a warning is in place. If a visitor gets injured regardless of the warning, they may be found liable for the accident since they should have heeded the warning.
If a visitor becomes injured due to a hazard and no warning signs or tape is present, it may be argued that the property owner should have known about the hazard and taken steps to protect visitors. In the court of law, it’s not only the responsibility of a property owner to properly maintain their property and warn guests about hazards, but they must also regularly inspect their property to ensure no potential hazards may be present.
Holding a property owner liable for an accident and any resulting injuries that occur can grant a victim and their family peace of mind as well as financial compensation that can go towards the recovery process and make it easier to provide for others during a time of hardship. In addition, filing an Arkansas premises liability lawsuit against a careless or otherwise negligent property owner can ensure that landowner makes the necessary steps to protect future visitors.
Slip and Fall Accidents in Arkansas
Premises liability accidents can happen due to a wide variety of circumstances, but one of the most common types of incidents is what we call a “slip and fall” accident or injury.
Slip and fall injuries result after any type of falling accident that happens after a trip, stumble, or slip. A victim may slip on a spill they didn’t see, for example, or stumble on a piece of loose carpeting, debris, or flooring. These types of falling accidents can cause serious injuries since the victim usually falls to the ground or on the hazard/piece of debris they initially slipped on or tripped over.
Some of the most common injuries which result from slip and fall accidents include the following:
- Head injuries – Falling injuries often result in serious head injuries which may cause a concussion or other type of brain injury which can have lifelong effects.
- Neck and spinal cord injuries – The neck and spinal cord are both extremely fragile. Any type of injury to either could result in serious long-term consequences.
- Sprains – Sprains are very common after falls, especially wrist sprains which occur when the victim tries to break their fall with their arm or hand.
- Broken bones – Broken bones are also very common after falls, some which may lead to serious implications.
- Facial injuries – Facial cuts and scrapes are common after falls, but a serious fall may also cause facial fractures, broken bones, or even damage to the mouth and teeth.
Common Causes of Premises Liability Accidents
There are a wide variety of causes related to poor yard landscaping, construction, and building maintenance that can lead to premises liability accidents of all types. Here are some of the most common causes and conditions which lead to incidents:
- Poor lighting
- Wet, icy, or otherwise slippery surfaces
- Emergency exits that are inaccessible
- Obstructed or poorly-maintained sidewalks, walkways, stairwells, or handrails
- Torn carpeting or broken floor tiles
- Landscaping debris, like broken tree branches
- Broken or poorly-maintained playground equipment or public park benches, etc.
- Spills or chemical hazards
- Construction hazards
- Unsafe/slippery ramps for disabled visitors
- Insufficient security
- Pets like dogs that are not supervised and properly restrained and/or trained to not harm visitors
How Can a Little Rock Premises Liability Lawyer Help Me?
If you or a loved one was injured on another person’s property and you believe that the owner was negligent and allowed the accident to occur by not properly providing maintenance or other necessary acts, you may be eligible to file a lawsuit against that home or business owner. Property lawsuits can be difficult to fight in court, but with a skilled and experienced Arkansas premises liability attorney on your side from McMath Woods P.A., you may be able to receive aid and recover.
The slip and fall lawyers at McMath Woods P.A. have over 50 years of experience settling complex personal injury claims in the state of Arkansas and nationwide. Whether the accident occurred in Little Rock or anywhere in the state, our legal team may be able to help.
One thing to note is that to file a valid premises liability claim in Arkansas, you must be able to prove that you were not trespassing on the property. In the situation of a customer that was injured at a business, for example, this must mean that the store was open for customers and currently in business. In the case of a home, the invitee must not be trespassing illegally.
To learn more or to find out how we can help, get in touch with us today.