A sudden fall can cause injuries that affect your ability to work, care for your family, and manage everyday activities. When a dangerous condition on someone else’s property causes a serious injury, you may have the right to pursue compensation.
LeVar Law Injury & Accident Lawyers can determine whether a property owner or another party failed to maintain reasonably safe conditions and handle communications with insurance companies on your behalf. We offer free initial case evaluations with no upfront attorney’s fees under our “no fee unless you win” structure.
If you suffered a serious fall in Sebastian County and need to speak with a slip and fall lawyer in Fort Smith, contact our Arkansas law firm today.
Holding Negligent Property Owners Accountable in Fort Smith
Property owners and businesses have responsibilities toward people who lawfully enter their premises. However, a slip-and-fall claim is not based solely on the fact that someone fell. Liability depends on the circumstances surrounding the hazard and whether the responsible party failed to exercise the care required under Arkansas law.
Falls can occur in many locations throughout Fort Smith, including:
- Grocery stores and retail shops
- Restaurants
- Shopping centers
- Hotels
- Apartment complexes
- Office buildings
- Parking lots and garages
- Sidewalks and entryways
- Public buildings
Busy areas along Garrison Avenue, Rogers Avenue, and elsewhere in Fort Smith can see substantial customer and pedestrian traffic. Spilled liquids, damaged walkways, poorly maintained entrances, and other hazards can cause serious injuries if not corrected or adequately addressed.
Potential Injuries in a Slip, Trip, or Fall Accident
A severe fall may cause numerous serious injuries, such as:
- Broken wrists, hips, arms, or ankles
- Back and neck injuries
- Spinal trauma
- Head injuries
- Torn ligaments
- Soft tissue damage
- Reduced mobility
- Extended time away from work
A slip and fall lawyer near you can evaluate whether negligence contributed to the accident and identify evidence that may support your claim.
Proving Premises Liability and Fault Under Arkansas Law
Premises liability cases hinge upon the facts. Those facts will explain how the hazard developed, whether the responsible party knew or should have known about it, and whether reasonable precautions were taken.
The evidence we gather should help us answer questions such as:
- What caused the fall?
- Who created or allowed the hazard?
- How long had the hazard existed?
- Did an employee or owner know about it?
- Had anyone previously reported it?
- Were reasonable inspections performed?
- Did surveillance cameras record the area?
- Were maintenance or incident records created?
How Partial Fault Could Affect Your Slip, Trip, and Fall Claim
Arkansas’s comparative-fault rules may also affect a claim. An insurer might argue that the injured person was distracted, ignored a warning, or otherwise contributed to the accident. Partial responsibility does not necessarily prevent recovery, although it may affect the amount available.
A premises liability attorney in Fort Smith, AR (from our firm) can piece together any surveillance recordings, incident reports, cleaning schedules, employee testimony, and other evidence into a cohesive case. Our representation ensures that, if your case needs to proceed to Arkansas’ civil justice system, we will waste no time in taking it there.
Frequent Slip, Trip, and Fall Hazards in Local Retail and Public Spaces
Not every fall results from a massive puddle or other obvious hazard. Dangerous conditions take many forms and can result from poor maintenance, inadequate inspections, damaged surfaces, or cluttered walking areas.
A brief list of hazards that might contribute to a slip and fall in Fort Smith is:
- Spilled food or drinks
- Recently mopped floors without warnings
- Rainwater tracked into entrances
- Leaking refrigeration or plumbing equipment
- Loose mats or rugs
- Uneven flooring
- Broken pavement or potholes
- Damaged stairs
- Missing or unstable handrails
- Merchandise or cords obstructing walkways
- Poor lighting
- Unmarked changes in floor elevation
Parking lots can present additional risks. Customers may encounter potholes, broken pavement, debris, or poorly maintained walking surfaces while entering or leaving a business.
Who Can Be Held Liable in a Slip, Trip, and Fall Case?
A Fort Smith commercial property injury claim can involve more liable parties than just a property owner or tenant. Depending on the circumstances, potentially responsible parties could include:
- The property owner
- A commercial tenant
- A property management company
- A maintenance contractor
- A cleaning company
- Another party responsible for the hazardous area
Determining who controlled the property and who was responsible for inspections, cleaning, repairs, or maintenance is an important part of investigating the claim.
Steps to Take Immediately Following a Fall Injury in Fort Smith
What you do after a fall can affect both your health (short- and long-term), the evidence available for your claim, the overall strength of your case, and your quality of life. The guiding rule is that your medical needs should come first.
Should your condition and circumstances allow, it’s generally advisable to:
- Report the Accident: Tell a manager, owner, or appropriate employee what happened and ask that an incident report be created.
- Photograph the Hazard: Take pictures or video of the liquid, damaged surface, poor lighting, or other conditions involved.
- Document the Area: Wider photographs can show whether warning signs, cones, or barriers were present.
- Identify Witnesses: Obtain contact information from people who saw the accident or hazard.
- Preserve Clothing and Shoes: These items could become relevant to the claim.
- Keep Medical Documentation: Save bills, records, discharge instructions, and other treatment information.
- Record Missed Work: Keep track of lost workdays and income.
- Contact an Attorney Promptly: Surveillance footage and other evidence may not be kept indefinitely.
Why Immediate Medical Attention Is So Important After a Slip, Trip, or Fall
Do not delay necessary medical attention because an injury initially seems manageable or minor. Some symptoms may become more noticeable after the immediate shock of a fall has passed. Follow your medical provider’s recommendations and maintain records of your treatment.
If your injuries require emergency treatment, Mercy Emergency Department – Fort Smith provides 24-hour emergency care. We may also refer you to a suitable provider when you contact us for your consultation.
How Our Law Firm Builds Strong Premises Liability Claims
Slip-and-fall cases can turn on details that might easily be missed or cast aside. LeVar Law Injury & Accident Lawyers investigates those fine details, determining how the hazard developed, who controlled the property, what responsible parties knew, what was done before the accident, and what to do now.
Our attorneys take full advantage of:
- Surveillance recordings
- Photographs and videos
- Incident reports
- Inspection and maintenance records
- Cleaning schedules
- Witness statements
- Medical records and bills
- Employment and wage information
- Insurance information
Why Clients Trust the Team at LeVar Law Injury & Accident Lawyers
The clients at LeVar Law Injury & Accident Lawyers receive consistent, individualized attention. Attorney Alan LeVar is a native Arkansan, and clients receive direct legal representation from a team focused on understanding how their injuries have affected their lives.
- Close Attention to Your Case: We have a small caseload so we can fully dedicate our time and energy to each case that comes our way.
- We’re Will to Go to Trial: Our plan is never to accept the quickest available settlement. Our goal is to secure fair compensation for the injured party, period. If that means going to trial, that’s where we’re headed.
- Legal Services in Spanish: We provide legal services in Spanish so you can make informed decisions moving forward. It’s how we can serve different communities across Arkansas effectively.
- Free Case Reviews: You pay nothing upfront just to speak with an attorney at our firm. At no cost, get the answers you need, find out if you have a claim, and learn about what steps you need to take next.
- You Pay Nothing Unless We Win: We operate on a contingency fee basis. That means clients only pay us if we secure a settlement or win in court. If we don’t win, clients pay us nothing.
Contact Our Fort Smith Slip and Fall Attorneys Near You
If you were injured in a store, restaurant, parking lot, apartment complex, or another property in Sebastian County, get LeVar Law Injury & Accident Lawyers on your side. For a free case evaluation with a local slip, trip, and fall injury lawyer in Fort Smith, contact our law firm today.
Frequently Asked Questions About Slip, Trip, and Fall Injuries
Below are some common questions about slip, trip, and fall lawsuits we’ve received from past clients over the years.
A host of evidence might indicate that the property owner knew of, or should have known of, the slipping hazard that led to the fall. From video footage to photographs, business records, and witness testimony, time will tell which evidence supports your case.
Arkansas follows a modified comparative-fault system. That means that when an injured person’s fault is less than the combined fault of the parties from whom compensation is sought, damages may be reduced according to the injured person’s percentage of responsibility. If that person’s fault is equal to or greater than the combined fault of those parties, they may be unable to recover compensation.
Essentially, if you don’t prove that someone else was at fault for your slip and fall, you may not recover any compensation. Let us help.
Get medical care as soon as possible, ideally within 24 hours of the fall and no later than 72 hours after the incident. There is no other suitable way to document injuries and ensure you are safe from immediate danger caused by an undiagnosed condition.
When it comes to filing a claim for a slip, trip, or fall, Arkansas personal injury actions generally have a three-year statute of limitations. Such deadlines can vary depending on the case details, which is a compelling reason to reach out to us right away.
Here is a concise list of potentially recoverable damages:
- Medical expenses
- Future medical care
- Rehabilitation costs
- Lost wages
- Reduced earning capacity
- Pain and suffering
- Other legally recoverable losses
A serious fracture, spinal injury, or other disabling condition can have effects that continue long after emergency treatment. A claim should therefore consider both documented current losses and reasonably supported future consequences.
