Fayetteville Slip and Fall Accident Lawyers

Slip-and-fall accidents are commonplace and can occur almost anywhere. They can cause serious injuries that prevent you from working and limit your mobility. If you were injured in a slip-and-fall accident in Fayetteville, Arkansas, you might be wondering how you can cover your medical bills and make up your lost income.

Negligent property owners and managers can be held legally liable for visitor injuries, but you will need strong evidence to establish their negligence. Unfortunately, property owners rarely accept responsibility for creating or allowing the dangerous conditions that cause harm to visitors, often requiring legal action for accident victims to recover compensation.

An experienced Fayetteville slip-and-fall accident attorney from Horton Personal Injury Lawyers can help guide you through the legal process of seeking fair compensation. Contact us today for a free consultation so we can walk you through your legal options.

How an Experienced Slip and Fall Lawyer Can Help

Slip-and-fall lawyers play a critical role in securing compensation for accident victims who are injured due to the negligence of others. They can help with your legal claim by:

• Investigating the accident: An experienced attorney can investigate your case and determine who is at fault for your injuries. 
• Explaining your legal rights: Knowledgeable slip-and-fall attorneys have an in-depth understanding of personal injury law. They can identify the legal theories to hold others accountable for the harm you suffered and explain the legal options available to you.
• Gathering evidence: Premises liability lawyers know the evidence that they will need to prove your claim and meet the burden of proof. They can obtain accident reports, take photos of the accident scene, interview witnesses, send spoliation of evidence letters to prevent the destruction of video footage, and present your medical records in a way that demonstrates the defendant’s negligence and its impact on your life.
• Managing insurance claims: In many slip-and-fall cases, fall victims may be able to recover compensation by filing an insurance claim. Your personal injury attorney can identify and review the applicable insurance policies, file your insurance claims, and handle communication with the insurance companies on your behalf so that you can focus on your recovery.
• Documenting your damages: An experienced attorney can help document the full extent of your damages by using medical records that clearly articulate the nature and severity of your injuries, medical bills, employment documentation that shows you missed work, and personal pain journal entries. They use this information to prepare a detailed demand letter for maximum compensation and submit it to the insurance company.
• Negotiating for fair compensation: Personal injury lawyers are experienced negotiators who use their knowledge of previous cases to estimate the value of your claim. This gives them leverage when negotiating with insurance adjusters.
• Taking legal action: If necessary, your personal injury attorney can file a personal injury lawsuit or take other legal action on your behalf to seek the justice and accountability that you deserve.
• Handling every aspect of your claim: You can trust your case in the capable hands of an experienced attorney who can take prompt action on your behalf and take the steps necessary to avoid costly mistakes.

Learn more about how Horton Personal Injury Lawyers can help when you call for a free case review.

Premises Liability and Owner Responsibilities

Slip-and-fall cases are a subcategory of cases that fall within premises liability law. This area of law explains the responsibility of property owners – and the legal consequences if they fail to uphold these responsibilities.

Property owners have a legal duty to keep their property in a reasonably safe condition. What “reasonably safe” means depends on the visitor’s status while on the property, as follows:

• Invitees: An invitee is someone who is on the property for the owner’s financial benefit, such as a store customer. Because the property owner stands to financially benefit from their presence, they owe these visitors the highest duty of care. They are legally required to regularly inspect for hazards, make necessary repairs, and warn invitees of dangers that are not open and obvious.
• Licensees: A licensee is a person who goes onto the property for their own benefit or the mutual benefit of themselves and the property owner. Licensees have express or implied permission to be on the property, such as social guests or meter readers. Property owners must warn licensees of known dangers, but they are not required to inspect for unknown hazards.
• Trespassers: A trespasser is a person who does not have permission to be on the property. The legal duty owed to trespassers is only not to intentionally cause them harm.

When property owners fail to uphold the duties outlined above, they can be found negligent and legally responsible for paying compensation for your damages. An experienced Fayetteville premises liability lawyer can help gather the evidence necessary to prove your claim.

Common Causes of Slip-and-Fall Accidents

Slip-and-fall accidents often occur due to the property owner’s or manager’s negligence. Some examples of this may include:

Wet Floors

Wet floors are a leading cause of slip-and-fall accidents. Floors can be wet from spilled liquids or other substances that are left on the floor and not cleaned up. They can also be due to bad weather and customers tracking in rain or snow that is not cleaned up. Recently mopped or polished floors can also cause slips and falls.

Uneven Flooring

Floors can be uneven and cause tripping hazards due to:

• Worn carpeting or rugs
• Different types of flooring next to each other
• Lack of transitions
• Unexpected drop-offs
• Loose tiles

Unsafe Steps

Staircases can be unsafe if they were not built to code, are missing handrails, or have loose or broken steps. These dangerous conditions can lead to severe injuries, especially if the victim falls down multiple steps.

Obstructed Walkways

Cluttered walkways can also cause customers and visitors to trip.

Cracked Ground or Flooring

Parking lots and sidewalks are common locations of slip-and-fall accidents. Visitors can trip on potholes and cracks in the pavement.

Inadequate Lighting

Poor lighting can contribute to slips and falls because visitors cannot see hazards to avoid them.

Lack of Warning Signs

Property owners or managers may fail to erect “wet floor” or other warning signs that could otherwise alert visitors to potential dangers.

Lack of Maintenance

When property owners fail to properly maintain the premises, the property can fall into disrepair, leading to defective conditions that injure unsuspecting visitors.

Common Places Where Slip-and-Fall Accidents Occur

A slip and fall accident can potentially occur anywhere in Fayetteville, AR, but some of the most common locations of these accidents include the following:

• Grocery stores: Slip-and-fall cases may arise from falls in popular grocery stores and supermarkets in the area, including Wal-Mart, Harps, and Whole Foods.
• Other retail outlets: Slips and falls can also occur at the Northwest Arkansas Mall, retail outlets, and shopping centers.
• Restaurants: The fast-paced environment of restaurants can sometimes contribute to accidents at popular chain restaurants, fast food venues, coffee shops, and bars on Dickson Street.
• Movie theaters: Injury victims may have a claim if they fall at AMC or Malco.
• Entertainment Centers: Visitors could be injured while visiting Modern Mission, Locomotion, escape rooms, or other entertainment venues.
• Apartment complexes: If a property manager like Lindsey Management failed to properly maintain a common area, you could have a claim against the property manager. If you slipped and fell while visiting someone’s personal residence, you could have a claim you could make with their renter’s insurance policy.
• Rental properties: Many property owners want to make a quick buck on sites like Airbnb, but do not properly protect visitors.
• Schools, colleges, and universities: Children, faculty, parents, or visitors can fall while at school or on college campuses like the University of Arkansas.
• Public buildings: Visitors can slip and fall on public property, too, such as while visiting the DMV or Social Security Office.

Financial Compensation You Can Seek After a Slip-and-Fall Accident

If you were injured due to someone else’s negligence, you have the right to seek compensation for the economic and non-economic damages that you suffered as a result of the accident. Economic damages are direct financial losses accident victims sustain due to the accident, such as medical bills and lost income. Non-economic damages compensate for more subjective harm, such as pain and suffering.

Common types of damages awarded in Arkansas slip-and-fall cases include the following:

Medical Expenses

You can seek compensation for all healthcare-related expenses related to your injuries, including:

• Ambulance transport
• Emergency room visits
• Hospital stays
• Surgeries
• Diagnostic tests, including X-rays and MRIs
• Ongoing medical treatment
• Physical therapy and rehabilitation
• Future medical expenses

Lost Wages and Earning Capacity

You have the right to seek compensation for your lost wages and earning capacity, including any future lost earnings. This includes compensation for any reduction in your long-term earning capacity.

Property Damage

You could pursue compensation for any personal property that was damaged in the accident, such as your phone, tablet, clothing, or shoes.

Out-of-Pocket Expenses

This portion of your damages claim can compensate for travel expenses for medical appointments and other costs you initially pay out of pocket and are reimbursed for.

Pain and Suffering

This element of your damages claim compensates for your physical and emotional pain and suffering, including the setbacks you experience due to your injuries and their effect on your life.

Permanent Scarring or Disfigurement

Some medical conditions cause physical scars and disfigurement. You can obtain compensation for corrective surgeries, as well as the negative impact that these injuries had on your self-esteem and self-image.

Loss of Enjoyment of Life

Severe injuries can drastically impact your life, causing you to miss out on your hobbies and favorite pastimes. You can seek compensation for these real losses.

Can I Still Recover Compensation If I Am Partially at Fault for the Accident?

Arkansas uses a modified comparative negligence rule. Under this system, you can still recover compensation for your injuries even if you contributed to them as long as you are 49% or less at fault. However, your compensation is reduced by your degree of fault. Therefore, if you’re found to be 10% at fault for the accident, your monetary damages are reduced proportionately by 10%.

What to Do After a Slip-and-Fall Accident

If possible, take the following actions following a slip-and-fall accident in a Fayetteville business or residence:

• Report the accident: Report your slip-and-fall accident to the business or property owner. If a written report was completed, ask for a copy of it for your records.
• Seek immediate medical attention: Any delay in seeking medical attention could provide the insurance company with grounds to contest the source of your injuries. Seek medical treatment promptly after the accident to mitigate your damages and link the accident to your injuries.  
• Keep your situation private: Avoid discussing your case with anyone other than your personal injury lawyer.
• Don’t sign anything: Do not sign a medical release form or any settlement offers from the company without consulting a lawyer first. Insurance adjusters often use these maneuvers to take advantage of vulnerable accident victims.  
• Speak to a personal injury lawyer: An experienced attorney from our personal injury firm can assess your situation during a free and confidential consultation.

What Is the Statute of Limitations for Slip-and-Fall Cases in Arkansas?

The deadline to file a personal injury lawsuit in Arkansas is generally three years from the accident date. Because you can lose your right to recover compensation if you miss this deadline, you should take prompt action after an accident so your lawyer can investigate the case, identify the at-fault parties, preserve evidence, and try to negotiate a settlement for your claim.

Hurt in a Slip and Fall? Contact Horton Personal Injury Lawyers Today

If you were injured due to hazardous conditions on someone else’s property, you should not have to pay the consequences. Contact Horton Personal Injury Lawyers today to take advantage of a free consultation with an experienced attorney who can discuss the particulars of your situation and inform you of your legal options.