What is the difference between slip and fall and premises liability cases?
Property owners and businesses have a duty to maintain safe property for customers, pedestrians, and other visitors and effectively warn them of possible dangers. If a property or business owner is told of a potential hazard such as a loose handrail, a hole in the pavement, or standing water, then they are responsible for fixing the problem before someone gets hurt.
There really is no difference between a slip and fall and premises liability case. Premises liability is simply the formal name for the category of law for slip and fall injuries. As with most legal claims, negligence must be proven in order for a premises liability claim to be deemed valid.
How is negligence proven in slip and fall cases?
Proving negligence in slip and fall cases can be difficult at times. For instance, if a property owner is aware that a lawsuit is being filed, he may have time to fix the problem. If you did not think to take pictures of the scene or your injuries at the time or as soon as possible, it may be difficult to prove you were injured due to a problem with the property.
For this reason, we highly recommend that people who are injured on someone else’s property take pictures of the scene, the surrounding area, and their injuries. In many cases, the injuries and the property defect may be gone by the time the case is heard.
The Arkansas slip and fall lawyers at the Duncan Firm will work diligently to prove:
- The condition of the property was dangerous
- The owner knew, or should have known, about the dangerous state of the property
- The owner had a reasonable amount of time to correct the problem or to warn others about the problem prior to you being injured
What damages could I be compensated for following a slip and fall?
If you are injured because a property owner or a business establishment fails to provide a safe environment, you have a right to bring a claim for your pain and suffering, medical expenses, and lost wages. Pain and suffering can be measured.
The law and most insurance companies grade pain as severe, moderate, slight, or minimal, as well as periodic or chronic. Expected future pain can greatly increase a claim for damages. Suffering can include depression, changes in lifestyle, anxiety, or even relationship troubles. No dollar amount can erase pain and suffering, but compensation can make your life less stressful as money worries will most likely be eliminated.
You should receive compensation for all reasonable expenses you have paid as a result of the accident, as well as future expenses including, but not limited to, medical bills, transportation, help in taking care of your family members, and other household assistance.
You should receive compensation for any loss of wages you incur as a result of your slip and fall injuries, as well as any future income loss. Additionally, you should be compensated for a loss of earning capacity, such as a permanent disability that restricts your competitiveness in the job market. The Duncan Firm’s experience and knowledge of these cases allows us to recognize all possible types of income losses.
If you suffered a slip and fall injury in the Little Rock area and are in need of legal assistance, please contact the knowledgeable premises liablity lawyers at the Duncan Firm by completing the form on this page or calling 877-638-6226 today to schedule a no-cost consultation so we may hear the details of your case and discuss how to proceed.