What You Should Know About Premises Liability

Your legal rights in Arkansas are based on your visitation status:

• Invitees: These are customers, clients, or others invited for business purposes. Owners have the highest responsibility to invitees.

• Licensees: Social guests and anyone else attending with a license. Their owners have to admonish them about known threats.

• Pawpers: People who are entering on land. They can’t be deliberately killed but have no other responsibility.

Now, consider some of the most common premises liability cases in Arkansas:

In 2023, the 150 security incidents most commonly consisted of:

• Poor parking space lighting.

• Poor or insufficient security officers.

There are also certain obligations of pool owners based on Arkansas law:

• Proper fencing and barriers

• Regular maintenance and inspections

1. Be Well Before You’re Ready: Health is First. If you’re injured but it seems small, see a doctor – injuries do worsen over time.

2. Document Everything with your phone:

• Photograph the dangerous situation.

• Capture the surrounding area.

• Record any visible injuries.

• Jot down the date and time.

3. Incident Report:

• Notify owners or managers.

• Request a copy of any incident ticket.

These points will make or break your case:

• Names and phone numbers of witnesses.

• Surveillance footage requests

• Weather conditions, if relevant

• What you were doing when hurt.

Always keep detailed records:

• Physical therapy sessions

• Medical bills and receipts

There are four things required for you to prove to potentially win a premises liability case in Arkansas:

Proving that the landlord had a legal responsibility is a must. If you were at a shop, for instance, you were an invitee and had the highest obligation of care.

Show how the landlord didn’t keep the area safe. This might include:

• Inability to wipe up spills.

• Not repairing known hazards.

• Inadequate security measures.

• Poor maintenance practices.

Make a concrete connection between the hazardous state and your injury. This often requires:

Record all damage caused by your injury:

Arkansas courts do allow premises liability victims to recover different forms of payment. Let’s examine some real-life cases of how compensation operates in premises liability cases:

And what has been demonstrated by recent Arkansas premises liability cases:

• A shoplifter who tripped on an unmarked wet floor was reimbursed for medical attention and chronic physical therapy.

• Damages were awarded to a parking garage assault victim for bad security lighting and malfunctioning cameras.

• An apartment renter injured by a broken stair railing was paid to replace lost wages during recovery.

• An innkeeper who slipped and fell because of inadequate lighting received compensation for bodily injury as well as psychological damage.

These cases show the Arkansas courts consider the full amount of damages. Let’s break what exactly you should be entitled to:

These protect your cash losses:

• Your existing and future medical expenses.

• Transportation to medical appointments.

• Home modifications, if needed.

These compensate for non-financial impacts:

• Physical pain and suffering

• Decrease in life’s joy.

Don’t wait to take action. Arkansas premises liability claims are very time-based:

• Three years from injury date in most situations.

• You only have 1 year against state authorities to take action against.

• Children might have other regulations that apply.

• Missing these deadlines usually forfeits your entitlement to compensation.

• Notification of property owners immediately.

• Notification of government property claims by letter.

• Good report of the incident.

In Arkansas premises liability case:

1. Know When To Act: Time is of the essence in case you need to have proof as well as time to go through legal procedures.

2. Case All: Document all expenses and impacts pertaining to injuries.

3. Avoid Common Mistakes:

• Never give recorded testimony to insurance companies.

• Don’t take quick cashout deals.

• Don’t share your accident on social media until all proceedings are over and settled.

• Never skip a medical appointment. This adds fuel to the fire.

4. Ask for Legal Advice: Complex cases are always better left to a legal expert.

The following Arkansas premises liability considerations should always be kept close in mind:

• Landlords must provide safe conditions legally.

• A visitor’s status could affect legal protection.

• Quick response and reporting are key.

• Compensation of different kinds can be provided.

• Time constraints are strictly enforced on your claim.

Here are a few common premises liability misconceptions in Arkansas:

• “I gave a waiver, so I can’t sue”- Nope. Waivers don’t inoculate against gross negligence or willful misconduct.

• “That was the warning sign posted, so there’s no complaint.”- Signs don’t always exonerate property owners.

• “I was partly responsible, so I’m not covered,” – Arkansas has a comparative fault, so you might still be entitled to partial payment.

• “Insurance will take care of it” – Insurance companies give you less than what you have to cover.

You should talk to a premises liability lawyer if:

• Your injuries required hospitalization.

• The owner claims no liability.

• Insurance offers seem low.

• You don’t know the visitor status.

• When complex liability issues arise.

Consult a lawyer as soon as possible to increase your chances of a successful case with as little stress as possible.