Slip and Fall Accidents

In Arkansas, about 1 in 10 visits to the emergency room are because of a fall. Some typical results are head injuries, broken bones, and even paralysis. Accidents happen at commercial businesses, homes, and public property. The law can be different for each of these areas.

These are six facts regarding slips and falls that Arkansans should be aware of:

1. A business in Arkansas has a responsibility to keep you safe.

Property owners are responsible for making their premises safe for visitors and guests. If there is a harmful situation, the owner must tell visitors about it or fix the problem. One of the most common defenses a business would make is that it did not have time to warn of potential danger.

2. You may collect only a portion of the money if you are partially responsible.

In Arkansas, we have comparative negligence. This legal concept means that any money you could receive will be reduced by your percentage of blame. And there is another provision. If you are found to be 50% or more to blame, you will receive nothing. Since it can be difficult for a jury to set a percentage, it can be a significant legal fight to keep that number below 50%.

3. You must file a lawsuit within time limits.

Don’t wait to contact a lawyer. The statute of limitations in Arkansas for bringing a slip and fall injury claim is three years. After that, you will not collect anything. One of the reasons the law is written this way is so that you cannot wait several decades when evidence is potentially lost.

4. The reason you are on the property can impact the case.

Arkansas law identifies 3 different situations in which you might be on someone’s property. They are licensee (usually going to someone’s home, think barbeque), invitee (you go to a business), and trespasser (the owner did not know you were there). If you get injured, each of these is treated differently. It might surprise you that even under trespass, the owner has some duty not to harm you.

5. Suing the city is tough.

Of all the slip-and-fall situations, suing a city is the most difficult. The reason is that the government has written laws to protect itself. If, for example, you fall because of an uneven sidewalk, it would seem that the city knew of the potential problem and failed to fix it. So, they should be to blame. However, each city or county has its own system of filing such a case, and the procedure can be complex. You are sometimes even restricted in which court you can file. If you are thinking of suing the state of Arkansas, our constitution says that the state will never be made a defendant.

6. There is no age limit for a person who can sue.

If you think falling is just part of getting older, let me tell you that no law agrees. This concept is also true for nursing homes. Safety procedures are there to protect residents, and if a fall occurs, those procedures were likely ignored. Age may impact your injuries, but never your right to collect.

Call Us Right Now for Help with Your Slip and Fall Claim

Horton Law has extensive experience in dealing with these complicated cases. We have successfully sued Walmart, Kroger, McDonalds, Harbor Meadows and many other commercial business owners all across America. Let us begin immediately by collecting the evidence you will need to win. Remember, you can talk to us for free, so call now.

If you have any questions, we’ll help you find answers. Let our experience protect your rights to the full and fair compensation you deserve. Call Horton Law for a Free Legal Consultation at 888-814-2089 or fill out a Free Consultation Form.