Q. What's the difference between premises liability claims and ‘slip & fall’ accidents?
Slip and fall accidents are actually one type of premises liability claim. In fact, slip and falls are the most common type of premises liability claim filed in the state of Arkansas. A slip and fall is exactly that: a person slips, trips, or falls and sustains a serious injury or even dies as a result of an unsafe situation while on someone else’s property. Generally, the slip and fall was caused by the property owner or manager not taking suitable care to keep the property safe for others.
Q. Who can be held liable in a slip and fall?
The general rule of law is that the owner or operator of the premises has a duty to keep the premises in reasonably safe condition. At the very least, there is an obligation to warn individuals of dangerous conditions which the owner or possessor of the land either caused, knew about, or should have known about.
Q. Older people tend to fall more often than others. If I am a senior citizen, will I be considered at fault for my fall?
Arkansas law does not distinguish between a person’s age and any pre-existing conditions that they may have. Everyone, regardless of their physical condition or age, has a right to expect property to be maintained in a reasonably safe condition, and in most cases may recover compensation for any injuries or aggravation of existing injuries that are caused by the property owner’s negligence.
Q. What if the injured person was acting carelessly at the time of the accident, or may share part of the blame?
What state the accident occured in will determine how careless actions by the injured party will affect their case. In Arkansas, for example, with shared fault situations the law follows something called modified comparative negligence. Following this legal rule, judges and juries assess what percentage of overall fault is contributed by each party, which results in overall damages being paid out in equal proportion. For example, a jury can determine that damages total $100,000 for a case, and that the property owner was 75% responsible. In this example, the property owner would owe the injured party $75,000. The ‘modified’ part of the rule is that the plaintiff must be less than 50% responsible to collect compensation from other at-fault parties.
Q. What should I do if a loved one or myself is injured in a slip and fall accident?
Immediately contact the experienced slip and fall lawyers at Duncan Firm to schedule a no cost, no obligation consultation. We can assess the merits of your case, and walk you through the ins and outs of such cases. If Duncan Firm represents you, you can be assured that we will fight tirelessly to ensure you obtain everything entitled to you under the law. We are located in Little Rock, but serve victims across Arkansas and several other states.
If you or a loved one has been injured in a fall, please contact the attorneys at the Duncan Firm today for a free, no obligation consultation. We are located in Little Rock, but serve victims across Arkansas and several other states.