How’s Fault Determined in a Premises Liability Claim?

In a premises liability lawsuit you will have to prove that a property owner is responsible for any damages due to an injury you suffer on that person or entity’s property. In almost all states, owners that occupy a property must take reasonable measures to maintain a safe environment for visitors to their business or property of any kind.

There are three major subjects that your Little Rock premises liability lawyer must address (and ultimately prove) to present and win your case.

Simply they are as follows:

• Liability – The defendant (owner of the property) had a duty of care and was negligent in performing their duty of care.
• Negligence – The defendant breached that duty, and you (as the plaintiff) were injured due to that negligence.
• Responsibility/Fault – This breach of duty, or negligence on the part of the owner, was a major contributing factor in causing the injuries you sustained.

You can suffer many types of injuries in these cases, but proving fault for premises liability can be a legally complicated process. You must prove that you were injured (and to what extent, etc.) but additionally must prove you were hurt due to some hazard that existed (or still may exist) on someone else’s property.

A property owner must have the legal responsibility to make sure he or she maintains a safe place for visitors, but several factors go into determining the “reasonable level of care” standard.

Some of these factors are:

• Could the accident have been foreseen?
• What is the intended use of the property?
• Any circumstances that led to you entering the property and more.

In some instances, a property owner might be held liable, but the court may also find that the person who was hurt was negligent as well.

So many factors come into play, and proof (no matter how clear you feel it may seem) is complex and sometimes legally difficult to prove. Consulting with a Little Rock or Conway premises liability lawyer is the best way to find out the answers you need and how to proceed to win your case.

What Should I Do First If I Have Had a Premises Liability Accident?

Various types of personal injury cases can be classified as premises liability cases, including slip and fall cases. snow and ice accidents. inadequate maintenance of the premises, and many more.

Injuries due to premises liability cases (slip & fall, etc.) are a leading reason for hospital emergency room visits. if you’ve been injured in an accident on someone else’s property or possibly due to anyone’s fault, you must understand what you (or someone with you) must try to document.

There are a few particularly important things to consider:

• First, get immediate medical help: See that a doctor treats you as soon as possible so that they may determine just how seriously you are hurt, and at the same time obtain a written professional diagnosis of just what was inflicted upon you. Your medical evaluation will help your premises liability lawyer get you the compensation for the treatment you deserve.
• Identify exactly what happened or what caused the incident: Try to write down your thoughts (or have someone document them) as soon as possible. This information can aid your doctor in treating you and prove invaluable in court to help your personal injury lawyer get you, and your family, what you need to recover.
• Take photos and get names of witnesses: This also may help your medical team and help you prove what occurred if it becomes necessary. If you cannot do this, possibly have a friend or someone at the scene help.

The more information (including photos, witnesses, etc.) you can document, at the scene the better it will be for you to be accurately medically treated, and help your Little Rock premises liability lawyer get you the funds to recover and thrive.

Does My Reason, or Status, for Being on the Property Affect Proving My Case?

The simple answer is “Yes”. One of the first things to determine is the status of the person concerning the owner and their property. This could play a crucial role in helping you to prove and win your premises liability case.

The status of a person mainly falls into one of three categories:

• An Invitee: When you visit a grocery store, shopping mall, or any other place of business, you are considered to be an invitee. All owners must provide high standards of reasonable care for invitees and monitor them consistently.
• A Licensee: This group includes family, friends, tradespeople, or other guests that the property owner has granted permission to be on the property. As an example, you are holding a party in your home, so your guests have permission to be on the property. Depending on how you are injured, the owner could be liable.
• A Trespasser: The fact that a trespasser lacks the property owner’s permission to be on their property makes it extremely hard for them to win their case.

Property owners do not owe trespassers a standard of reasonable care. If you are injured in some way while trespassing.

Is There a Time Limit to Filing a Premises Liability Case in Arkansas?

In Arkansas, the statute of limitations (or time you must file) for a premises liability lawsuit is three years from the date of the accident. If you do not file your case within this three-year timeframe, the court may bar your claim, leaving you without an avenue to pursue compensation.

Premises Liability cases can cause severe injury, so don’t hesitate to consult with a local premises liability lawyer to evaluate and discuss your case. You may need funds for medical bills, recovery, lost wages, etc. for years to come. Don’t be locked out of getting what you and your family need.

If I Feel I Need to File a Premises Liability Suit, How Should I Proceed?

These are some simple steps to follow to proceed:

• Get medical treatment immediately
• Do NOT admit fault at the scene.
• Collect evidence.
• File a police report (if necessary).

Most importantly, get the professional advice of a Little Rock premises liability lawyer as soon as possible. The Little Rock firm of Denton & Zachary will professionally, empathetically, and effectively help you file and win your case. You are entitled to receive what you need to move ahead with your life.