Fort Smith, AR Slip and Fall Lawyer
It is reasonable for a visitor to expect a landowner to keep their property free of safety hazards that could cause a visitor harm. Unfortunately, some landowners may fail to maintain their property, which could result in a visitor suffering a serious injury. If you or a family member was injured during due to the negligent actions of a property owner, contact an experienced Fort Smith slip and fall lawyer today.
Ken Kieklak, Attorney at Law, has fought for residents of Arkansas in a wide variety of personal injury claims, and he is here to fight for you. To schedule a free legal consultation to discuss your claim, contact Ken Kieklak, Attorney at Law, at (479) 316-0438. You can also contact the firm online.
Common Causes of Slip and Fall Accidents in Fort Smith, AR
Slip and fall accidents can occur under a variety of circumstances. Under many of these circumstances, the accident happened because of the negligence of a property owner. The following is a list of common causes of slip and fall accidents in Fort Smith.
Failure to Warn Visitors of Danger
If a property owner is aware of any property defects that could harm a visitor, they have a duty to repair the defect or face the possibility of a personal injury lawsuit if it causes an accident. However, it is often enough that a property owner warns a visitor of a safety hazard they may encounter on the premises. For example, if a property owner was aware of a broken step on one of their stairwells, they should warn visitors of the danger if it is not apparent.
Unplowed Snow or Ice
After a snowstorm, it is important for property owners to clear their property of snow or ice that may remain after the storm. This is especially true for business owners where a large number of pedestrians may continuously walk through the area. If a property owner fails to plow snow or ice, a visitor could easily slip and suffer any number of injuries from back injuries to head injuries.
Stairwells are another common area where a person can suffer a severe slip and fall accident due to poor maintenance by a property owner. For example, if a property owner failed to place adequate lighting in a stairwell, a visitor could easily stumble. Additionally, if a staircase has any defects like cracks or unstable handrails, this could also lead to a serious accident.
There are many other causes of slip and fall accidents that are not discussed above. If you suffered a severe injury because a property owner acted negligently and caused your slip and fall accident, you should continue reading and speak with an experienced Fort Smith personal injury lawyer today.
When to File a Slip and Fall Lawsuit in Fort Smith
If you were the victim of a slip and fall accident in Fort Smith, AR due to the negligence of a property owner, you should consider filing a premises liability lawsuit to hold them accountable for their actions. It is important to note that your lawsuit will be subject to the statute of limitations. The statute of limitations determines the length of time that a plaintiff has to file a particular type of lawsuit.
The filing deadline for a lawsuit is subject to change depending on the kind of claim that a plaintiff wishes to file. For example, if a plaintiff needs to file a medical malpractice lawsuit, the filing deadline could be different from a personal injury lawsuit.
In Arkansas, the filing deadline for a personal injury lawsuit is three years from the date of the accident. When a plaintiff fails to file their lawsuit within three years, they open the door for a defendant to move to dismiss the claim. If this occurs, the court will bar the plaintiff’s suit with prejudice, and the plaintiff will be unable to file a lawsuit against the defendant again.
Three years is a generous amount of time to file a premises liability lawsuit. However, there are a number of reasons why you should consider filing your claim as soon as possible. For example, if you are relying on testimony from a witness, you do not want your witness to forget the details of the slip and fall accident. Additionally, it may become difficult to find an attorney to take your case if you wait too long to file your lawsuit.
Proving Negligence in a Fort Smith, Arkansas Slip and Fall Lawsuit
In order to prevail in a personal injury lawsuit for a slip and fall accident, you must prove how the property owner acted negligently. The plaintiff must prove the following elements to prevail in their lawsuit and be awarded damages:
- The defendant owed the plaintiff a duty of care
- The defendant breached their duty of care (e.g., failing to correct a property hazard)
- The plaintiff was injured due to the defendant’s breach
- A court of law can compensate the injuries sustained by the plaintiff
Once a plaintiff has proved these elements, they can be awarded compensatory damages. In some cases, a plaintiff may even be awarded punitive damages if a defendant acted extremely recklessly.
Contact Our Experienced Fort Smith Slip and Fall Attorney Today
If you or a family member was a victim of a serious accident due to the negligence of a property owner, consult with an experienced Fort Smith slip and fall attorney. Premises liability attorney Ken Kieklak has over 20 years of legal experience, and he would be honored to help you hold a negligent property owner accountable for their actions. To schedule a free case evaluation, contact Ken Kieklak, Attorney at Law, at (479) 316-0438.