Premises liability is a legal principle that holds property owners responsible for accidents and injuries that occur on their premises. In Arkansas, premises liability laws can be complex, and it is important to understand your rights if you have been injured on someone else’s property. In this article, we will take a closer look at Arkansas premises liability laws and provide guidance for those who have suffered injuries due to someone else’s negligence.
Table of Contents
What is Premises Liability?
Premises liability refers to the legal responsibility of property owners to ensure that their properties are safe and free from hazards that can cause harm to visitors. All property owners, whether they are homeowners, business owners, or landlords, have a legal obligation to maintain safe conditions on their premises and take all reasonable steps to prevent accidents and injuries. If a property owner fails to fulfill this obligation, they can be held liable for any resulting injuries or damages.
Types of Premises Liability Cases
Premises liability cases can arise from a wide range of incidents, including slip and fall accidents, dog bites, swimming pool accidents, faulty construction, and inadequate security. The most common type of premises liability case in Arkansas is slip and fall accidents.
Duty of Care
Property owners owe a duty of care to visitors and guests to ensure that their properties are safe and free from hazards. The duty of care applies to both known and unknown hazards. Property owners must take reasonable measures to identify and correct hazards, warn visitors of any hazards that cannot be immediately corrected, and ensure that their premises are in good condition.
The level of duty of care a property owner owes may vary depending on the classification of the visitor. The three classifications include:
- Invitees: Individuals who are invited onto the property for a business purpose or mutual benefit, such as customers or tenants.
- Licensees: Individuals who are granted permission by the property owner to enter the property for non-business purposes, such as social guests.
- Trespassers: Individuals who enter the property without permission.
Property owners owe the highest level of duty of care to invitees, and the least to trespassers.
Proving Fault in Premises Liability Cases
To prevail in a premises liability case, the injured party must prove that the property owner was negligent and that their negligence was the cause of the accident that led to the injury. In Arkansas, negligence is defined as the failure to exercise reasonable care that a prudent person would use in similar circumstances.
The plaintiff must also prove that they were legally on the property and that the property owner knew or should have known about the hazardous condition.
Statute of Limitations
In Arkansas, there is a statute of limitations on premises liability cases. The injured party must file a lawsuit within three years of the date of the injury. Failing to file the lawsuit within this time frame will result in the case being dismissed.
Comparative Fault
Arkansas is a comparative fault state. This means that if the injured party contributed to their own injury, their award will be reduced by their percentage of fault. For example, if the plaintiff is found to be 30% at fault, their award will be reduced by 30%.
Damages
In a premises liability case, the injured party may be entitled to damages, including:
- Medical expenses
- Lost wages
- Pain and suffering
- Emotional distress
- Property damage
Conclusion
Premises liability cases can be complicated, and it is essential to understand your rights if you have been injured on someone else’s property. If you or a loved one has suffered injuries due to someone else’s negligence, it is important to consult an experienced personal injury attorney who can evaluate your case and help you pursue the compensation you deserve. Remember, property owners have a legal obligation to maintain safe conditions on their premises, and failing to do so can result in serious injuries and costly legal battles.